SANTA KANUNGO Vs. DIRECTOR OF PUBLIC INSTRUCTION

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated September 5, 2018 passed by a learned single Judge in W.P. No. 14211 (W) of 2018.

(2.) The appellant was initially appointed as a Library Clerk of Sarsuna Law College, the respondent no. 3. She was subsequently promoted to the post of Librarian-in-Charge. Thereafter, she was promoted to the post of the Librarian on probation for a period of two years. By a letter, dated July 28, 2018 the teacher-in-charge of the said law college informed the appellant that the governing body had taken a decision that her service towards officiation of Librarian on probation was not satisfactory. Therefore, she was not confirmed as a Librarian. The governing body requested her to discharge her duty in her confirmed post which is Library Clerk with immediate effect. That decision was challenged in the writ petition.

(3.) The respondents had taken a point about the maintainability of the writ petition as the respondent no. 3 was a self-financed private college to which a writ does not lie. The learned single Judge found that the right to relief and remedy of the writ petitioner lay in private law, and not in public law and, therefore, the petitioner must find a remedy in private law.