- (1.) The universal truth 'man is mortal' is disproved by certain people of exemplary genius like Claude Martin whose last testimony contained in a will, digitized copy of which is placed on record, testifies his commitment for the cause of education. Each word of the testimony testifies the nobility of soul which rested in the body known by his name, the memory lasts even today in the epitomic form of living institutions i.e. La Martiniere Colleges. The institutions, two at Lucknow (Boys and Girls) undoubtedly are of great repute, not only in terms of education but also the standard of discipline maintained. The institution is presently managed under the able administration of its Principal Mr. C. McFarland whose commitment to the cause undoubtedly is not of unquestionable testimony.
(2.) Contrary to this belief, a simple issue which could have been resolved by a person of his eminence has surfaced eliminating in a legal battle before this Court since six months and the outcry for justice is loud looking to the worth of a student whose merit and performance is said to be not the least cause of present controversy but for some behaviour which his father in the capacity of natural guardian is alleged to have indulged into. This exercise has resulted into the appellant becoming the ultimate victim who stands deprived of his admission in a prestigious institution of his choice where he has been studying since the last more than thirteen years and performing well for earning a place as a student being at par with his other meritorious colleagues.
(3.) This special appeal essentially arises out of the judgement rendered by learned Singe Judge in Writ Petition No. 4229 (MS) of 2015 which though having been entertained has been found non-maintainable for the relief sought therein. The judgement rendered by the learned Single Judge, which in our considered opinion, is flawless declines to entertain the relief by giving the following reasons: "Based on the aforesaid discussion specially the pronouncement of Supreme court in Ramesh Ahluwalia , wherein a writ petition under Article 226 against a private unaided educational institution was held to be maintainable on the ground of performance of public functions and the decision BCC case , even if it is assumed that this writ petition at the behest of the petitioner against a private educational institution is maintainable, it would only be half the job done and the question would still remain whether in the facts of the present case there is any such statutory or positive obligation based on public law element or as stated in the Anadi Muta's case in para 22 thereof whether there is any such duty imposed upon the school for admitting the student in standard XI by Charter, Common law, Custom or Contract or not. The fact that a writ petition is maintainable under Article 226 of the Constitution does not ipso-facto lead to the issuance of a writ. A writ petition may be maintainable yet a writ or an order or direction in the nature of such a writ may not be liable to be issued. Assuming the maintainability of this petition it is the second question which requires consideration. The counsel for the petitioner was not able to place before the Court any statutory rules imposing any statutory obligation on the opposite parties conferring a corresponding right in favour of the petitioner against the respondent institution. He was also not able to show any such obligation imposed by any Charter, Common law, Custom or Contact between the parties. As far as reference by the petitioner to the enquiries conducted by the State authorities and directions issued by them to the respondent institution are concerned, there is no statutory backing to justify such action on their part. The assertion that the action of respondent school being arbitrary was hit by Article 14 of the Constitution has been made only for being rejected. The Fundamental Right under Article 14 of the Constitution is available against a State and its authorities and not against a private body certainly not for maintaining a writ petition under Article 226 of the Constitution against such bodies. Arbitrary action, if any, may give cause for the aggrieved person to initiate civil action before the Civil Court but not a writ petition against a private educational institution. The opposite parties have been able to demonstrate that admission to standard XI is a fresh admission and not an automatic promotion, a stand supported by learned Senior Advocate Sri Nagar, who appeared and argued on behalf of Indian School Certificate Board and placed before the Court the relevant Regulations in this regard. It is unfortunate that the institution has disowned its student of 13 years. It may or may not be having good reasons to support its action but there is no doubt that there was no statutory or other obligation as referred hereinabove on the part of the school which could attract the issuance of a writ as prayed for in the writ petition. The first relief claimed in the writ petition is for issuance of a writ of certiorari quashing the letter dated 21.06.2015 written by the Principal of the School, which is a private unaided educational institution. Moreover the said letter is in response to some letter written by the District Inspector of Schools Anglo India Schools Lucknow. Issuance of a writ of certiorari for quashing a reply such as the one contained in the letter dated 21.06.2015 is unheard of. The claim for issuance of such a writ is not supported by any decision. A writ of certiorari cannot be issued to quash a letter/reply sent by the Head of the private Institution. The Indian School of Certificate Board to which the institution is affiliated, is, itself not a statutory authority nor any effort was made by the petitioner to prove that it was. In view of the discussion made hereinabove it hardly needs to be emphasized that in the facts of the present case, no case is made out for issuance of a writ of certiorari or mandamus as prayed for in the writ petition. In view of the above discussion, the writ petition fails and is hereby dismissed.";