Private Law Remedies Against Public Bodies Not Enforceable Through Writ Jurisdiction Unless Their Functions Had Public Element: J&K High Court

A bench of Justice Justice Javed Iqbal Wani clarified that even if a body performing a duty makes it amenable to writ jurisdiction, all its functions are not subject to judicial review except those with a public element therein.

Background:

The case involved a minor student who was denied admission to class 11th in a private school, allegedly due to her father's legal actions against the school administration. The student's father, through a writ petition, sought her admission and compensation for the alleged harassment.

The petitioner argued that the school's action violated the student's right to education and amounted to harassment. He contended that the school, despite receiving government aid and being affiliated to the state board, acted with malicious intent due to personal reasons.

However, respondents countered with objections, claiming misconduct during examinations and asserting that the petitioner's family had a history of harassing school staff.

Observations Of The Court:

Upon examining the nature of the dispute Justice Wani noted that the petition primarily addressed private wrongs allegedly committed by the school administration and the complete absence of a public element in the allegations.

“It is manifest and evident that the petitioner has alleged private wrongs to have been committed by the respondents 3 to 6 herein without having any public element therein being sine qua non for maintaining the writ petition and seeking the reliefs/writs as have been sought in the writ petition”, the court recorded.

Citing "St. Mary's Education Society vs. Rajendra Prasad Bhargava" and "K.K. Saksena vs. International Commission on Irrigation and Drainage" the bench reiterated that private law remedies cannot be enforced through writ jurisdiction, even against public authorities. Therefore, where an action is essentially of private character, a writ petition would not be maintainable, it underscored.

Also noting that the petitioner had obtained a Discharge/Transfer Certificate from the School during the pendency of the petition, the court said that the said Act of the petitioner had rendered the matter infructuous and hence the reliefs prayed for could not be granted.

Accordingly, the petition was dismissed.

Case Title: Maheen Showkat Vs UT of J&K

Citation; 2024 LiveLaw (JKL) 13

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