Thursday, March 14, 2024

Trust of the school, not State under Article 12 of Indian Constitution: Patna High Court

In Dr. Nand Kumar Singh v. District Magistrate, Samastipur, Patna High Court's Justice Anjani Kumar Sharan dismissed the writ petition as maintainable on March 14, 2024. The Court concluded, "it is clear that there is a private dispute between the parties and present writ application has been filed by the
petitioner for the enforcement of his private right, which cannot be granted since the trust of the school does not come under the purview of the State within Article 12 of the Constitution of India". 

The law is well settled on this issue. The Court relied on the decisions of Supreme Court in Committee of the Management of DPS v. M.K. Gandhi (2015), Trigun Chandra Thakur v. State of Bihar (2019) and St. Mary’s Education Society v. Rajendra Prasad Bhagav to arrive at the conclusion that the writ application is not maintainable.

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