In a recent and notable judgment, the Supreme Court has ruled—by a 2:1 majority—that the Air Force School, Bamrauli (Allahabad), does not qualify as a ‘State’ or an ‘authority’ under Article 12 of the Indian Constitution. This decision significantly impacts the maintainability of writ petitions filed against such institutions.
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Title: Dileep Kumar Pandey v. Union of India & Ors.
Citation: 2025 SCC OnLine SC 1192
Bench: Justices Abhay S. Oka, Ahsanuddin Amanullah, and Augustine George Masih
Judgment Date: May 27, 2025
The case arose when two teachers, who had been terminated and faced disciplinary action from the Air Force School in Bamrauli, approached the High Court under Article 226. They claimed the school was a public authority functioning under the control of the Indian Air Force and thus subject to constitutional scrutiny.
The Single Judge initially ruled in their favor, but a Division Bench later set aside that order, stating the school was not ‘State’ under Article 12. The teachers then appealed to the Supreme Court.
Justices Abhay S. Oka and Augustine George Masih upheld the Division Bench's verdict, holding that:
The majority emphasized that without deep or pervasive government control, and in the absence of statutory governance, such institutions do not come under Article 12. Hence, a writ petition under Article 226 was not maintainable in this context.
Justice Ahsanuddin Amanullah dissented, offering a broader view:
In his view, these factors warranted the classification of the school as an authority under Article 12, making it amenable to writ jurisdiction.
The ruling reinforces the idea that not all institutions linked to the government qualify as ‘State’ unless they meet the threshold of statutory backing and pervasive control.
Employees of private or semi-private institutions, even if affiliated with public departments, may find it harder to seek relief under Article 226 unless public law principles are directly involved.
The dissent raises critical questions about how courts should interpret public accountability when non-governmental entities perform public functions with the help of governmental resources.
Deep Karia is the Director at Legalspace, a pioneering LegalTech startup that is reshaping the Indian legal ecosystem through innovative AI-driven solutions. With a robust background in technology and business management, Deep brings a wealth of experience to his role, focusing on enhancing legal research, automating document workflows, and developing cloud-based legal services. His commitment to leveraging technology to improve legal practices empowers legal professionals to work more efficiently and effectively.
