In Brief
The Supreme Court held that the Army Welfare Education Society (AWES), a private unaided institution running Army Public Schools, is not a 'State' under Article 12 and hence writ petitions under Article 226 are not maintainable against it for service disputes. Although education is a public duty, the employment relationship between a private institution and its employees remains contractual and governed by private law. For writ jurisdiction to apply, an action must have a direct public law element beyond mere breach of contract. The doctrine of legitimate expectation, being a public law concept, does not apply to purely private contractual relationships lacking express promises or statutory backing. The Court set aside the High Court's judgment allowing the teachers' writ petition and directed AWES to continue their employment on terms it stipulates.
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