RANCHI, India, April 24 -- Jharkhand High Court issued the following order on March 24:

1. Heard learned counsel for the parties.

2. This L.P.A. challenges the learned Single Judge's order dated 9th June, 2025 dismissing the appellant's W.P.(S) No.2394 of 2021, on various grounds.

3. The impugned order indicates that an objection was raised to the maintainability of the petition on the ground that the 5th respondent, i.e. Sri Ramakrishna Sarada Ashrama, Teacher's Training College, Hazaribagh, of which the appellant was an employee and thus questioning his termination from such employment, was not 'State' within the meaning of Article 12 of the Constitution of India.

4. Though the learned Single Judge did not decide this issue, but dismissed the petition by observing that there was no illegality or violation of principles of natural justice involved.

5. In our judgment, before embarking upon the merits of the matter, an enquiry was necessary as to whether the 5th respondent-College answered the definition of 'State' under Article 12 or there were other factors that would render the 5th Respondent amenable to the writ jurisdiction of this Court.

6. Mr Tandon, learned counsel for the appellant, submitted that the College was affiliated to Vinoba Bhave University, and this was sufficient to bring it within the ambit of Article 12.

7. Admittedly, this is not a College that receives any financial support or aid from the University, the State, or any instrumentalities of the State. There is nothing on record to show that the State or the University have any deep and pervasive control over the affairs of this College. There is also nothing on record to indicate that the appellant's service conditions are governed or controlled by any statutory provisions. Therefore, a mere affiliation would not bring this College within the ambit of Article 12 or otherwise render its action in the realm of a non-statutory contract, amenable to a challenge under Article 226 of the Constitution.

8. In this regard, we refer to the judgment of the Hon'ble Supreme Court in the case of St. Mary's Educational Society & anr v. Rajendra Prasad & ors., reported in (2023) 4 SCC 498, wherein the Hon'ble Court categorically held that even if it be assumed that an educational institution is discharging public duty, the act complained of must have a direct nexus with the discharge of public duty. It is indisputably a public law action which confers a right upon the aggrieved to invoke the extraordinary writ jurisdiction under Article 226 for a prerogative writ. Individual wrongs or breaches of mutual contracts without any public element as an integral part cannot be rectified through a writ petition under Article 226.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x%2FqmL2SD3PWz159rBTDIqyvUf1sFG7hM8du2PyunRnL7&caseno=LPA/529/2025&cCode=1&cino=JHHC010226922025&state_code=7&appFlag=)

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