Aishwarya Rathore –
Published On: October 06, 2021 at 10:50 IST
The Allahabad High Court held that a remedy under Article 226 of the Indian Constitution would be available against authority or person discharging a Public duty or function, only if the action under challenge falls within the domain of Public law.
The Bench of Acting Chief Justice Munishwar Nath Bhandari, Justices Prakash Padia and Sanjay Kumar Singh, laid down the following “Twin Test” for maintainability of a Writ Petition under Article 226 against a Private body:
- The person or authority is discharging public duty/public functions.
- Their action under challenge falls within the domain of Public law and not under Common law.
The Judgment stated, “The substance of the discussion made above is that a Writ Petition would be maintainable against the Authority/person which may be a private body if it discharges public duty, which is the otherwise primary function of the State referred in the Judgement of the Apex Court in the case of Ramakrishna Mission (supra) and the issue under Public law is involved.”
After reviewing various Supreme Court and High Court decisions, the Court concluded that a Writ Petition under Article 226 of the Constitution might be filed against:
After reviewing various Supreme Court and High Court decisions, the Court concluded that a Writ Petition under Article 226 of the Constitution might be filed against the Government, an authority, a statutory body, a State instrumentality or agency, a company financed and owned by the State, a private body run substantially on State funding, a private body discharging public duty or positive obligation of a public nature, a person or body liable to discharge any function under any statute or to compel it to perform such a statutory function.
The Court further held that it is not enough that the authority or individual is carrying out a public function or obligation; the activity questioned must also come within the ambit of Public law.
Click here to read/download the Order
Also Read: How are Writ petitions filed in Supreme Court?
Writ petition under Article 226 not maintainable for assailing the judgment of High Court