Army Welfare Educational Society doesn’t qualify as State: HC

Srinagar, Oct 23: The High Court of J&K and Ladakh Wednesday ruled that the Army Welfare Educational Society does not qualify as a “State” and its relationship with its teachers constitutes a private contract that cannot be enforced through writ jurisdiction under Article 226 of the constitution.

A bench of Justice Waseem Sadiq Nargal dismissed as non-maintainable a plea by four teachers whose services were terminated by the society in April this year.

The court underscored that the grievances related to personal wrongs or violations of private contracts, without any public aspect, cannot be addressed through a writ petition under Article 226.

“This court is not inclined to exercise its inherent jurisdiction under Article 226,” it said. “Even if one posits that an educational institution fulfils a public obligation, the action in question must have a direct connection to the execution of that obligation.

This action must pertain to public law, allowing the aggrieved party to apply exceptional writ authority under Article 226 for a prerogative writ.”

The court pointed out that the judicial intervention in these instances has occurred solely when the service conditions were regulated by statutory regulations, when the employer was classified as the “State” under the expansive interpretation of Article 12, or when the activity in question demonstrated a public law element.

“The instant case involves a private contract between the Army Welfare Education Society and the teachers, which cannot be enforced via a writ petition under any circumstances,” it said.

While the court noted that there were no detrimental factors against the teachers that might justify their termination, it said: “Therefore, the petitioners are permitted to seek redressal of their grievances before an appropriate forum.”

The four teachers were seeking the court’s intervention to allow them to continue work on the posts held by them in Army Public School, Udhampur.