Writ Petition Against Private University Not Maintainable, Remedy For Alleged Arbitrary Termination Lies Under Civil Law
Case: Shambhavi Kumari VS Sabarmati University & 3 Other(S)
Coram: Justice Bhargav Karia
Case No.: C/SCA/17863/2013
Court Observation: “…if at all there is an alleged arbitrary action on the part of the respondent, the same would give cause to the petitioner to initiate civil action before the Civil Court but in the facts of the present case, the writ petition against the private educational institution governed by the Gujarat Private Universities Act, 2009 would not be maintainable”
“Merely because the activity of the said research institute ensures to the benefit of the Indian public, it cannot be a guiding factor to determine the character of the Institute and bring the same within the sweep of ‘public function or public duty.”
“It is, therefore, not necessary to go into the merits of the case with regard to the issue of show-cause notice for providing an opportunity of hearing resulting into breach of principle of natural justice and whether the action of the respondent University is unfair or not because all such disputes essentially are in the realm of private contract…”
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Keywords
Writ Petition Against Private University, Arbitrary Termination
