Writ petition under Artilcle 226
Anita Dores
(Querist) 24 March 2010
This query is : Resolved
A college student was excellent in his studies but hada habit of eve teasing. so a grp of girls complained to the principal twice abt his behaviour to which the boy denied and he was subseqently left off wid a warning by the principle.aftr a mnth same grp of girls complained abt him. the pricipal rusticated him frm the college. as a result the student filed a Writ petion under Article 226 in the high courtcontending tht the priciplal's action amounted to violation of principle of natural justice.
My query is hw does Artilce 226 apply in this case???
Parveen Kr. Aggarwal
(Expert) 24 March 2010
Violation of principle of natural justice does not automatically gives right to any party to file a writ petition. A writ petition can be filed only against "state" as per Article 12 of the Constitution of India. If the college is privately owned and managed and has no role of Government in its functioning, writ petition cannot be otherwise filed.
H. S. Thukral
(Expert) 25 March 2010
Writ is maintainable. Right to education has been held to be a fundamental right. Deprivation of a fundamental right, even private institutions are amenable to writ jurisdiction of HC
Sanjeev Panda
(Expert) 27 March 2010
If the fundamental right has been breached, the writ is maintainable. I agree with Mr. Harbhajan
