2025:UHC:5029-DB 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. G. NARENDAR AND THE HON’BLE JUSTICE MR. ALOK MAHRA Writ Petition (S/B) No.194 of 2025 17th June, 2025 Rajneesh Kumar --Petitioner Versus State of Uttarakhand and Anther --Respondents ---------------------------------------------------------------------- Presence:- Mr. Avidit Noliyal, learned counsel for the petitioner. Mr. P.C. Bisht, learned Addl. C.S.C. for the State. ---------------------------------------------------------------------- JUDGMENT : (per Mr. G. Narendar C. J.) Heard the learned counsel for the petitioner and learned Addl. C.S.C. for the State. 2. The petitioner has sought for the following reliefs:- “i) Issue a writ, order, or direction in the nature of mandamus directing the respondents to release the salary of the petitioner from 1st September 2024 to 15th January 2025 gratuity and other pending dues. ii) Issue a writ, order or direction in the nature 2025:UHC:5029-DB 2 of mandamus directing the respondents to decide the representation dated 13-03-2025 (Annexed as Annexure no.8 to this writ petition). iii) Issue any other writ order or direction, which this Hon'ble Court may deem fit and proper in the circumstances of the case. ii) Award the cost of the writ petition in favour of the Petitioner.” 3. The description of the second respondent would suffice to hold that the petition, invoking the provisions of Article 226 of the Constitution of India, is not maintainable. The dispute involves private rights and in that view of the matter, the remedy for the petitioner lies elsewhere. The issue of maintainability of petition against private educational institutions has already been settled by the Hon’ble Apex Court in St. Mary’s Education Society and Another vs. Rajendra Prasad Bhargava and Others, reported in (2023) 4 SCC 498. In the light of law laid down by the Hon’ble Apex Court in the ruling stated (supra), the petition is rejected as not maintainable. 4. The rejection of the writ petition will not come in the way of the petitioner, if the petitioner chooses to 2025:UHC:5029-DB 3 enforce his right in a manner known to law. Petition stands ordered accordingly. Interlocutory application, if any, pending stands disposed off. (G. NARENDAR, C. J.) (ALOK MAHRA, J.) Dated: 17.06.2025 BS