✦ Gauhati High Court

(A.K.Goel & Ors. v. SRI VE NKATESWARA HINDU COLLEGE OF ENGINEERING & Anr.

Writ Appeal No. 43 of 2012A K GOEL, UJJAL BHUYAN

Case at a glance

Provisions considered

Judgment

(A.K.Goel, CJ) This appeal has been preferred against order of learned Single Judge dismissing the writ petition as not maintainable on the ground that the school in question was not State under Article 12 of the Constitution. Learned counsel for the parties point out that identical issue has been dealt wi th by this Court in order dated 03.09.2012 passed in Writ Appeal No.43 of 2012 ( Anupam Singha vs. the State of Assam and others) wherein after referring to the order of the Hon’ble Supreme Court in K. KRISHNAMACHARYULU AND OTHERS VS. SRI VE NKATESWARA HINDU COLLEGE OF ENGINEERING AND ANOTHER, (1997) 3 SCC 571, it was he ld that writ petition against educational institutions discharging public functi ons will be maintainable. In view of above, we allow this appeal, set aside the impugned order dismissing the writ petition as not maintainable and restore the writ petition for a fresh hearing by learned Single Judge. The parties may appear before the learned Single Judge for further proceedings o n December 10, 2012.

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