WRITS AGAINST EDUCATIONAL INSTITUTIONS UNDER THE

PURVIEW OF ARTCLE 12
INTRODUCTION
Educational Institutions are a crucial part in the sphere of every human being. The reason
being the importance of education & awareness. The question of issue of writs against
educational institutions arise from the very fact of individuals being associated with it. The
teachers, students and staffs form an educational institution, so they do have certain rights
associated with them being a part of that institution. The decisions of an educational
institution affects its students, teachers and staffs who would take recourse to law courts
almost as a first choice. The state engages actively in educational affairs, taking the
constitutional mandate into account. The Constitution, for instance, visualizes compulsory,
obligatory and free education. It stresses the responsibility of the state to have adequate
provisions to protect the right to work, education, etc.
Now the question arises that if such educational institutions come under the purview of the
term “State “ under Article 12 of the Constitution of India. Changes in the education process
and awareness of the educational elite regarding their rights has resulted in a plethora of cases
relating to miscellaneous matters such as admissions, reservations, examinations, lack of
discipline among the students, services of the teachers & other staffs etc. The questions that
may arise in such cases may concern the protection of constitutional or other rights against
such bodies. If such fundamental rights of an individual is being violated, then the violator
must not go scot-free. The Courts over the years have interpreted whether or not any
fundamental rights are available against the educational institutions. The judicial
interpretations have been primarily situation-based. This paper seeks to analyze the judicial
interpretations of the law Courts over the years which relates to the scope and authority of an
educational institution under Article 12. The paper shall elaborate on the lines of the
functions performed by an educational institution and if or not such functions can be
categorized to be public ones, thus making the institution a public body. Towards the end, the
paper discusses the dilemma of the courts while issuing a writ of Mandamus or Certiorari in
such cases relating to educational bodies and also provides a suggestive resolve to this issue.

RESEARCH QUESTIONS
1. Can individuals enforce their fundamental rights against educational institutions. If yes,
do educational institutions perform ‘public function’ & thus come under the term ‘State’
in every circumstance?
2. Is imparting of ‘education’ by Private Educational Institutions a ‘Public Function’. What
are its implications & can the courts issue writs of Mandamus & Certiorari against such
institutions. Whether NLU is a ‘State’ under Article 12 of the Constitution of India?

CHAPTERISATION
INTRODUCTION- This chapter would attempt to determine the scope of the term ‘state’ under
Article 12. Initially, the definition of State was treated as exhaustive and confined to the
authorities or those which could be read ejusdem generis with the authorities mentioned in
Article 12 itself. Also, this chapter would give an insight into the applicability of
Fundamental rights which is against the State only and not private individuals.
JUDICIAL INTERPRETATION OF ARTICLE 12 & “OTHER AUTHORITIES”- This chapter will
discuss the judicial evolution of the definition of State in Article 12 & will also elaborate on
the lines of Article 12 not being exhaustive but inclusive in nature, which means that apart
from the bodies or organs which have been enumerated, others may also be covered by the
expression “State” thus widening its reach and extent.
WRITS FOR ENFORCEMENT OF FUNDAMENTAL RIGHTS AGAINST EDUCATIONAL
INSTITUTIONS- This chapter seeks to provide an answer to the question of whether statutory
bodies like universities are state and non-statutory bodies also. Educational institutions such
as government colleges and affiliated colleges are present. An important & challenging issue
arises in relation to the protection of fundamental rights against these educational
establishments.
ESSENTIALITY OF “PUBLIC FUNCTION TEST”- This section would scrutinize various
judgements that have been passed over the years while deciding the availability of
fundamental rights against institutions imparting education regardless of they being private
institutions.
CONCLUSION- Summing up the paper, this section would deal with the confusion which
courts are having while issuance of a writ against an educational institution depending on
their nature of being governmental or private. It would discuss how the Courts have drawn a
distinction between a statutory body & a public body & that writs can be issued against
public bodies.

LITERATURE REVIEW
(1) Dean Oliver A. Harker, ‘The Use of Mandamus to Compel Educational Institutions to
Confer Degrees’ (1911) 20(5) The Yale Law Journal 341, 352.
(2) Ramaswamy R. Iyer, ‘Public Enterprises as State & Article 12’ (1990) 24(34) Economic
& Political Weekly 129, 134.
(3) Shubhankar Dam, ‘Unburdening the Constitution: What has Indian Constitution got to do
with Private Universities, Modernity & Nation-States’ (2006) 1(1) Singapore Journal of
Legal Studies 108, 147.
(4) Satimbla Sharma & Ors v. St. Paul Sr. Secondary School, AIR 2011 SC 2926.
(5) Elizabeth C. Wright, ‘Courts & Universities The Impact of Litigation on University
Autonomy’ (1985) 27(1) Journal of the Indian Law Institute 35, 60.
(6) E. G. H. ‘The Right of an Expelled or Rejected Student to a Writ of Mandamus’ (1922)
70(4) The University of Pennsylvania Law Review 303, 308.
(7) Vidya Ram Mishra v. S. J. N College, AIR 1972 SC 1450.
(8) Harijander Singh v. Kakatia Medical College, AIR 1975 AP 35.
(9) Isaac A. Pennypacker, ‘Mandamus to Restore Academic Privileges’ (1926) 12(8) Virginia
Law Review 645, 652.
(10)Dr. Janet Jeyapaul v. SRM University, AIR 2016 SC 73.