Dr.Bestley Joe.S. v. The Deputy Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :30.07.2025

CORAM

THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN Dr.Bestley Joe.S ... Petitioner Vs.

1.The Deputy Director, PGR Cell, AICTE Headquarters, Nelson Mandela Marg, Vasant Kunj, New Delhi - 110070.

2.The Director, Centre for Affiliation of Institutions, Anna University, Guindy, Chennai - 600 025.

3.The Secretary, Department of Administrative Reforms and Public Grievances, 514, Fifth Floor, Sardar Patel Bhavan, New Delhi-110001.

4.The Principal, 1/5

5. The Administrative Officer, 6.The Accountant, Chennai - 602 117. .....Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 4th respondent to dispose of the petitioner's representation dated 21.06.2025 within a reasonable period as may be fixed by this Court and further direct the 4th respondent to refund a sum of Rs.1,74,000/- along with interest from 04.01.2025. For Petitioner : Mr.P.Sam Japa Singh For Respondents : No appearance

O R D E R

The instant writ petition has been filed to direct the 4th respondent to dispose of the petitioner's representation dated 21.06.2025, claiming three(3) months' salary from the 4th respondent.

2. It is well settled principle of law that a writ petition is maintainable even against the private Educational institutions only when the same relates to any public duty, as per the decision of the Hon'ble Supreme Court in the 2/5

case of St.Marys Education Society and another vs. Rajendra Prasad Bhargava and others reported in (2023) 4 SCC 498, wherein it has been categorically held that the contractual relationship between an employee and his employer of an Educational Institution cannot be adjudicated before the Writ Court.

3. Therefore, this Court is of the firm view that this writ petition is not maintainable under Article 226 of the Constitution of India, as against the fourth respondent, against whom the relief sought for.

4. In the result, this writ petition is dismissed. No costs. 30.07.2025 msv Index : Yes/No Speaking order /Non Speaking Order To 1.The Deputy Director, PGR Cell, AICTE Headquarters, Nelson Mandela Marg, Vasant Kunj, New Delhi - 110070.

2.The Director, 3/5

Centre for Affiliation of Institutions, Anna University, Guindy, Chennai - 600 025.

3.The Secretary, Department of Administrative Reforms and Public Grievances, 514, Fifth Floor, Sardar Patel Bhavan, New Delhi-110001.

4.The Principal,

5. The Administrative Officer, 6.The Accountant, 4/5

C.KUMARAPPAN, J.

msv 30.07.2025 5/5