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Supreme Court of India 2019-02-28 allowed

Ramakrishna Mission & Anr vs Kago Kunya & Ors

Bench: 2 — Dhananjaya Y. Chandrachud

In Brief

The Supreme Court held that Ramakrishna Mission Hospital at Itanagar is not amenable to writ jurisdiction under Article 226 of the Constitution. Although the hospital receives partial government grants and operates on government land provided at concessional rates, the Court ruled that these factors alone do not convert it into a public authority. The hospital performs voluntary charitable functions without state control over its management, and employment disputes fall within private law, not public law. Regulation by the Clinical Establishments Act does not alter this classification. The Court distinguished earlier precedents and allowed the appeal, dismissing the employee's writ petition seeking continued service beyond retirement.

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Constitutional Law Administrative Law Public Law vs Private Law Article 12 Article 226 Writ Jurisdiction

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