Judgment · High Court
Case at a glance
Outcome
Disposed of
The appeal is disposed of
Judgment
Operative part
This appeal has been preferred against dismissal of the writ petition of the appellant challenging appointment of Respondent No.7. Learned Single Judge, without going into the merits, held that the writ petition was not maintainable in view of Division Bench judgment of this Court i n Mubarak Hussain Vs. State of Assam and ors., 2008(1) GLT 615. We have heard learned counsel for the parties. Learned counsel for the parties state that in an identical matter, Division Benc h of this Court in its order dated 3.9.2012 in W.A. No.43 of 2012 dealt with a s imilar situation and following the judgment of the Hon’ble Supreme Court in K. K rishnamacharyulu and others Vs. Sri Venkateswara Hindu College Of Engineering an d another, (1997) 3 SCC 571, held that where an institution is discharging publi c functions, a writ will lie. Accordingly, we allow this appeal and set aside the impugned order dismissing th e writ petition as not maintainable and restore the writ petition for fresh hear ing by learned Single Judge. The parties may appear before the learned Single Judge for further proceedings o n 10.12.2012. The appeal is disposed of.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.