Karnataka High Court On State-aided Private College


 

 

T.T. Chakravarthy Yuvarajand others, Appellants v. Dr. B.R. Ambedkar Medical College, Respondent

R.P. SETHI, C.J. AND S. RAJENDRA BABU, J.

Constitution of India, Articles 12, 226 -'Instrumentality or agency of State' - Determination of question as to whether private body is instrumentality or agency of State - Tests for - College run by private trust - Functions carried on by college viz., imparting education which would otherwise be function of Stte - Principal of college exercising powers of disciplinary authority - Held, writ would lie against such private body.

... Where the power to enforce discipline is available under Section 62 of the Karnataka State Universities Act, 1976 to the college run by private trust ... it must be held a writ would lie against such an act even in respect of a private body.        (Source: AIR 1997 Karnataka 261)

 

 





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