KAUSIK MAJUMDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal arises from a judgment dtd. 23/2/2024 passed by the Single Bench in WPA 16573 of 2019 by which the writ petition filed by the appellant was dismissed as not maintainable.

(2.) Admittedly, the appellant was employed as an office assistant in W.W.A, Cossipore English School, the Respondent no. 2 herein, in the year 1992. Subsequently, the appellant was brought in a teaching faculty as a computer teacher and the service was terminated on October 29, 2018. The reason for termination was founded upon an allegation of committing a sexual harassment. The writ petition was filed challenging the said order of termination on the premise of violation of a principle of natural justice with the consequential relief of reinstatement in service and release of the arrear salary and all financial benefits attached to the said post.

(3.) On the conspectus of the aforesaid facts, a preliminary objection was raised by the Respondent no. 2 that the same is not maintainable as the Respondent no. 2 being an unaided private school is not amenable to writ jurisdiction as the action was taken under the realm of a private law and there is a complete lack of public law element involved in it. In other words, it is sought to be contended that the employment of the appellant with the respondent no. 2 is governed by the contract between them and being an unaided private school, they do not come within the folds of "authority" under Article 12 of the Constitution of India.