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    A writ can be issued against1. a central University for violation of terms and conditions of service of a teacher2. a private University3. a private t
    Question

    A writ can be issued against
    1. a central University for violation of terms and conditions of service of a teacher
    2. a private University
    3. a private trust running a college affiliated to a University
    Select the correct answer using the code given below:

    A.

    1 only

    B.

    2 and 3 only

    C.

    1 and 3 only

    D.

    1, 2 and 3

    Correct option is D

    The correct answer is (d) 1, 2 and 3.

    Explanation:

    A writ (under Article 226 or Article 32) can be issued against an entity that qualifies as "State" under Article 12 or is an "authority" performing a public function.

    • Statement 1 is correct: A Central University is established by an Act of Parliament, making it a statutory body and an "authority" under Article 12. In cases like U.P. State Cooperative Land Development Bank Ltd. v. Chandra Bhan Dubey, courts have held that statutory bodies are amenable to writ jurisdiction, especially for violations of service conditions that have a statutory basis.
    • Statement 2 is correct: While a private University is not "State" in the traditional sense, the Supreme Court in Janet Jeyapaul v. SRM University (2015) ruled that imparting education is a public function. Therefore, even a private or "Deemed" University is amenable to writ jurisdiction under Article 226 because it performs a duty for the benefit of the public at large.
    • Statement 3 is correct: This is based on the landmark case Andi Mukta Sadguru S.M.V.S.S.J.M.S. Trust v. V.R. Rudani (1989). The Supreme Court held that a writ of Mandamus can be issued against a private trust managing an affiliated college if the trust is performing a public duty (imparting education) and is bound by the rules of the University or the State.

    Information Booster:

    The scope of Article 226 is much wider than Article 32. While Article 32 is limited to the enforcement of Fundamental Rights, Article 226 allows High Courts to issue writs to "any person or authority" for the enforcement of Fundamental Rights or for "any other purpose."

    The "Public Function" Test: If a private body is performing a function that is "governmental in nature" or "essential to the public," it becomes a "quasi-public authority."

    • Education: Universally recognized as a public function.
    • Service Matters: A writ lies if the service conditions are governed by a statute (like a University Act) rather than a purely private contract.

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