PALLAVI BISHWAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The Court refuses to interfere with the decision of the learned single Judge, which is under challenge in the present Letters Patent Appeal. The impugned order is dated 009.2013, by virtue of which the learned single Judge dismissed the writ application by holding that the institution, Bhartiya Nritya Kala Mandir, is a registered society and not a limb of the State and, therefore, the decision of the Director to terminate the contract of the appellant by giving a month's notice or by not renewing the contract is a totally private dispute between the appellant and the registered society in question. The dismissal of the writ or dismissal of the Letters Patent Appeal, however, shall not come in the way of the appellant seeking recourse to common law remedy for breach of contract, if it is established.

(3.) The Court is not willing to bite the bait of the appellant's counsel that looking at the trend of the Hon'ble Supreme Court with regard to the various societies as well as organizations being brought within the ambit of writ jurisdiction because they are performing public duty. The latest case being Board of Control for Cricket v. Cricket Association of Bihar and Others, reported in (2016) 8 SCC 535 and Dr. Janet Jeyapaul v. SRM University & Ors., reported in AIR 2016 SC 7