LAWS(APH)-2017-7-80

A. MOHAN Vs. STATE OF TELANGANA

Decided On July 31, 2017
A. MOHAN Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) In this Writ Petition the petitioner has challenged the action of the 4th respondent, which is Raja Mahendra College of Engineering, located in Cherlapatelguda, Ibrahimpatnam, Ranga Reddy District, in terminating petitioner's services without any reason or cause and also failing to pay the salaries on the ground that the College run by the 4th respondent was closed.

(2.) A preliminary issue therefore arises whether the 4th respondent, which is Raja Mahendra College of Engineering, located in Cherlapatel, Ibrahimpatnam, Ranga Reddy District is a "State" under Article 12 of the Constitution of India, and would fall within the term "other authorities" mentioned in Article 12.

(3.) The counsel for petitioner contended that the 4th respondent is being run as a Registered Society under the provisions of the Andhra Pradesh (Telangana Area) Public Societies Registration Act, 1350 Fasli; that it has as its aim and object imparting of education and its funding is by donations from public and grants from the State and Central Government as per its bye-laws; that since imparting of education is a public duty, even if it is not enjoined by any statute, a Writ Petition is maintainable against the 4th respondent since it is discharging public duty and would fall within the term "other authority" under Article 12 of the Constitution of India.