KARUNA KANT AWASTHI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Ramesh Pandey, learned counsel for the petitioner. Learned Standing counsel appears for respondents no. 1,2 and 3. He submits that respondents no. 1,2 and 3 are the only formal parties. The main contest in the petition is between the petitioner and respondent no. 4 only.

(2.) Sri Manish Mani Sharma, learned counsel appearing for respondent no. 4 contends that the petitioner is in a private service of respondent no. 4 and therefore the writ petition is not maintainable. The above objection was taken by him even at the time when the petition was entertained but the Court has over-ruled the same and has proceeded on merits of the petition and had invited a counter affidavit.

(3.) No doubt respondent no. 4 is a recognized private unaided institution but is a body that is discharging functions of a public nature.