Allahabad High Court
UJJAWAL MISHRAversusSTATE OF U.P. AND 6 OTHERS
- Decided
Holding
A writ is not maintainable against a private institution.
Summary
Petitioner Ujjawal Mishra filed a writ petition challenging actions of the State of Uttar Pradesh and other respondents, alleging that a private school was subject to judicial review. The petitioner could not demonstrate any legal basis for the writ's maintainability against a private educational institution. The respondents, particularly Respondent-7, relied on a prior decision of a coordinate bench of the Allahabad High Court in Smt. Reeta Gupta v. State of U.P. (2015) which held that writs are not maintainable against private institutions. The Court agreed with this precedent, finding no jurisdiction to entertain the petition. Consequently, the writ petition was dismissed on the ground of lack of maintainability.
Issues considered
- Whether a writ petition is maintainable against a private school under the Constitution and statutory law
Subjects
- writ jurisdiction
- private institution
- maintainability
- Allahabad High Court
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 6337 of 2026
Ujjawal Mishra
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Markanday Singh, Rishabh Kumar
Counsel for Respondent(s) : C.S.C., Hridai Narain Pandey
Court No. - 32
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Rishabh Kumar, learned counsel for petitioner, Sri H.N.
Pandey, Advocate for Respondent-2 and Sri Rakesh Pande, learned
Senior Advocate assisted by Ms. Vishakha Pande, Advocate for
Respondent-7.
2. Learned counsel for petitioner is not able to show any position of law
that a writ is maintainable against a private School whereas learned
Senior Advocate appearing for Respondent-7 placed reliance on a
judgment passed by a Coordinate Bench of this Court in Smt. Reeta
Gupta vs. State of U.P. and others, 2015:AHC:149173 that writ is not
maintainable against any private Institution.
3. The writ petition is accordingly dismissed on ground of
maintainability.
(Saurabh Shyam Shamshery,J.)
May 7, 2026
AK
Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad
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