#Article 12

Freezing an entire account is disproportionate when only Rs. 89,415 of Rs. 1.75 lakh alleged fraud entered it, the holder wasn't among named fraudsters, and no investigation linked the account to the crime. The ruling protects legitimate account holders from blanket freezes on tenuous police directions and affirms writ jurisdiction where the account and branch are located.

Bombay High Court Nagpur Bench strikes down the arbitrary cut-off date for enhanced retirement gratuity under Maharashtra Civil Services Rules, directing payment of differential gratuity to employees retired after January 1, 2016. The ruling reinforces Article 12 protections against unreasonable classification in service benefits.

The Andhra Pradesh High Court has ruled that public sector undertakings cannot withhold payments for completed public works merely due to budgetary constraints, even after bills are formally finalized. This reinforces the principle that state instrumentalities are bound by contractual obligations and must pay admitted dues promptly, preserving the contractor’s right to claim interest in civil court - a critical precedent for infrastructure contractors across India.

Punjab & Haryana HC rules that the Association of Indian Universities (AIU), being substantially funded by the government, qualifies as 'State' under Article 12, making writ petitions maintainable against it. The judgment reinforces procedural fairness in academic competitions, ensuring students can challenge arbitrary result modifications through constitutional remedies.

Jharkhand High Court holds that a private, unaided teacher training college affiliated with a public university does not qualify as 'State' under Article 12, restricting writ jurisdiction to contractual service disputes unless statutory provisions apply. The ruling underscores that mere regulatory oversight or affiliation does not extend constitutional remedies to private institutions.

Bombay HC rules that prolonged contractual service under PMGSY (over 10 years) creates an enforceable right to regularization, including back wages and consequential benefits. The judgment rejects artificial service breaks and underscores the state's obligation to absorb long-term contractual workers, impacting thousands of PMGSY employees across Maharashtra.

Uttarakhand High Court rules that writ petitions under Article 226 are not maintainable against private employers for breach of Lok Adalat awards if statutory remedies under the U.P. Industrial Disputes Act, 1947 are available. The court emphasized that private entities not discharging public functions lack state instrumentality, reinforcing the bar on extraordinary relief where alternative legal recourse exists.

Rajasthan High Court holds that writ petitions under Article 226 are not maintainable against private societies for service disputes lacking public law elements.