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Writ Petition Maintainable Against Private Un-aided School Since It Discharges Public Function

In CHITHRA C.R., vs STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO
THE GOVERNMENT OF KERALA, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, the High Court of Kerala has held that the conditions of service of teachers in private un-aided schools can be enforced by exercising writ jurisdiction under Article 226 of the Constitution of India. The ruling came in a batch of writ petitions filed by teachers in private un-aided schools. Their grievances varied from non-payment of fair wages, illegal termination without notice, and arbitrary disciplinary proceedings.

The petitioners contended that since private schools were discharging a public function they were amenable to writ jurisdiction. Opposing this, the school management argued that writ jurisdiction can be invoked qua public function alone, and not to seek relief on contract of service, which in essence was a pure civil right.


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