KAMLESH KUMAR GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has invoked Article 226 of Constitution of India challenging the order dtd. 8/11/2025 (Annexure P/1) by Additional Director of respondent no.3 Institute thereby terminating his service in terms of Clause vii of his order of appointment dtd. 11/10/2013.

(2.) The respondents have filed the return wherein a preliminary objection regarding maintainability of writ petition against the respondent no.3 Institute, which is a self-financed educational private institute, has been raised and vehemently argued by their learned counsel. The arguments are accordingly heard on preliminary objection as also on merits.

(3.) The learned counsel for respondents argued that respondent no.3- Rustamji Institute of Technology (RJIT), is an Engineering College established by Society run by Boarder Security Force with an object to provide education to the wards of BSF & CAPF personnel. It is an unaided private education institute and is recognized as private self-financed institute as per AICTE norms. The Institute is affiliated to Rajiv Gandhi Proudyogiki Vishwavidyalaya (RGPV), Bhopal. It is his submission that the State/Central Govt. has no control over the affairs of the Institute, particularly over the service dispute of its staff. Thus, the Institute, being a self-financed private educational institute, is not amenable to writ jurisdiction of this Court. As per his submission, the Institute does not fall in the definition of 'State' within the meaning of Article 12 of Constitution of India. In support of his submission, he relied upon order passed by this Court in the case of Pradeep Kumar vs. State of M.P. & ors. in W.P. No.35484 of 2024 wherein this Court upheld the preliminary objection in relation to respondent no.3. He thus prayed for dismissal of writ petition as not maintainable.