ARMY WELFARE EDUCATION SOCIETY NEW DELHI Versus SUNIL KUMAR SHARMA & ORS. ETC, 2024 (SC) 464

ARMY WELFARE EDUCATION SOCIETY NEW DELHI Versus SUNIL KUMAR SHARMA & ORS. ETC, 2024 (SC) 464

FACTS: The Army Welfare Education Society (AWES), which operates 134 schools across India, sought to take over the management of a school previously run by St. Gabriel’s. AWES claimed that despite charging fees comparable to other Army Public Schools, they faced a financial deficit because they were paying teachers’ salaries at the previous rates set by St. Gabriel’s. AWES proposed to retain the current staff but with salaries adjusted to AWES standards. The teachers and non-teaching staff argued that they had a right to continue in their positions.

ISSUE: Is a writ petition maintainable against a private school for service disputes involving teachers?

OBSERVATION: The Supreme Court ruled that a writ petition under Article 226 of the Constitution is not maintainable against a private education society for resolving private service disputes. The Court clarified that AWES is not considered a "State" under Article 13 of the Constitution, and thus, cannot be subject to writ jurisdiction. However, the Court noted that while a writ cannot be used for private disputes, the High Court may entertain writ petitions if a fundamental right or other legal rights are violated by a private authority.