HYDERABAD: Making it clear that a mandamus will lie under Article 226 of the Constitution only if there is any violation of public duty and not private duty, the High Court has dismissed a petition filed by a retired professor as not maintainable.Justice A Rajasheker Reddy was dealing with a plea filed by Syed Iqbal Ahmed, a retired professor of Muffakham Jah College of Engineering and Technology run by Sultan Ul Uloom Education Society, urging the court to declare as illegal the action of the society in withholding his salary for February, March and April and also the terminal benefits at the behest of third party — SBH, Banjara Hills branch of the city.
The petitioner’s counsel told the court that the salary of his client was withheld following a letter written by SBH stating that he had availed credit facilities and loans and committed default on repayment.
The counsel for the society, meanwhile, contended that the college, being a private minority unaided educational institution, was not receiving any aid from the Osmania University.
After hearing both the sides, Justice A Rajasheker Reddy dismissed the case saying that it was not maintainable.