Writ is maintainable against a private school

Dear Client,

Yes, your writ petition under Article 226 of the Constitution is maintainable against DAV Public School, Bistupur, Jamshedpur, as private educational institutions discharging public functions such as imparting educations can be subjected to writ jurisdiction, especially when they receive government recognition. Since you were wrongfully restrained from duty without any formal termination or disciplinary order, it amounts to a violation of the principles of natural justice and arbitrary action, making your case fit for judicial review. The absence of a formal dismissal also justifies why you could not approach the educational tribunal, strengthening the maintainability of your writ. If the High Court finds the restraint illegal and in violation of due process, you may be entitled to reinstatement and back wages, particularly since you have not taken up any other job and have remained unemployed solely due to the school’s inaction. Filing a complaint before the CJM court may also prove beneficial if you are pursuing aspects of criminal intimidation or harassment. Overall, your legal steps are appropriate. Additionally, if the writ succeeds, you may explore claiming damages for loss of livelihood.

Dear Client,
It appears that your legal action against the DAV Public School stands on the right footing to secure justice in the matter. An employee cannot be removed or terminated from the service of an establishment without a reasoned order. The termination other than disciplinary action for proven misconduct, is considered an illegal termination. The "right to work" has gained some recognition through judicial interpretation, particularly about the right to life as stated under Article 21 of the Constitution. The Hon'ble Supreme Court in the case of Olga Tellis & Ors. v Bombay Municipal Corporation & Ors., decided on 10th July, 1985, (1985 (3) SCC 545) and in the case of the State of UP Vs. Charan Singh(2015) recognized the right to work as a fundamental right inherent in the right to life. Apart, the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights also recognize the right to work in employment and the state's responsibility to safeguard this right. The right to work prevents the removal of any person from employment or the deprivation of a person being employed, except as per the procedure established by the relevant laws. In that scenario, filing a writ petition before the High Court under Article 226 of the Constitution is a viable option to ensure justice in a matter where one's right to work, recognised as a fundamental right, is infringed.