Synopsis

The petitioners, teaching faculty of a private unaided college affiliated to Guru Gobind Singh Indraprastha University, were terminated by the college under a contractual clause permitting termination by one month’s notice or salary in lieu thereof. They challenged the termination under Article 226, arguing that the college performs a public function, that statutory provisions of the University Act apply, and that the termination was retaliatory. The High Court dismissed the petition, holding that: (i) a private unaided institution is not “State” under Article 12; (ii) a service dispute arising from a private contract of personal service does not acquire a public law character merely because the employer runs a college; (iii) the impugned termination was simpliciter, without stigma, and in accordance with the express contractual clause; (iv) no statutory breach or mala fides was established; and (v) writ of mandamus is not available to enforce a private employment contract.

Court: High Court of Delhi at New Delhi

Coram: Hon’ble Mr. Justice Sanjeev Narula (Single Judge)

Date of Decision: 27th April 2026

Citation: W.P.(C) 14516/2022 (unreported)

Core Law: Constitutional Law – Article 226 (writ jurisdiction against private bodies); Service Law – termination of contract of personal service

1. Heading of the judgment

High court of delhi at new delhi

W.p.(c) 14516 of 2022 & cm appl. 56647 of 2023

Jagrit kathuria and ors (petitioners) vs. Guru gobind singh indraprastha university & ors (respondents)

Coram: hon’ble mr. justice sanjeev narula

Date: 27th april, 2026

2. Legal framework

Major laws and provisions involved:

• Constitution of india, 1950 – article 12 (definition of state), article 226 (writ jurisdiction)

• Guru gobind singh indraprastha university act, 1998 – section 31 (terms of contract cannot be inconsistent with Act), first statute 22 (teacher may be removed only for justified cause after hearing)

• All india council for technical education (aicte) regulations – faculty norms

• Societies registration act, 1860 – registration of institution

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