CHANDRESH SHUKLA Vs. REGISTRAR, PEOPLES UNIVERSITY

JUDGEMENT

(1.) The present petition has been filed challenging the order dtd. 11/1/2020, passed by the respondent/University; whereby, the services of the petitioner has been terminated.

(2.) It is argued that objection is being taken with respect to the maintainability of the Writ Petition under Article 226 of the Constitution of India challenging the action taken by the private respondent. Counsel appearing for the petitioner submits that the respondent/University is running various Educational Institutions including the People's College of Dental Science and Research Centre, Bhopal and has performing the public functions and looking to the judgment of the Hon'ble Supreme Court in the case of Marwari Balika Vidyalaya Vs. Asha Shrivastava, reported in 2019 (4) Scale 600 the Writ Petition under Article 226 of the Constitution of India is maintainable as against the private unaided educational institutions also if they are performing the public duties and imparting education. Considering the fact that the respondent/University is imparting education is performing public duty, this Court deems it appropriate to entertain the Writ Petition under Article 226 of the Constitution of India.

(3.) The petitioner is a registered Dental Practitioner under the State Dental Association, Madhya Pradesh and was appointed as a Senior Lecturer by the respondent vide order dtd. 19/5/2011.