Public function test brings deemed universities within writ jurisdiction under Article 226 for judicial review.

A deemed university engaged in imparting higher education performs a public function and may be subjected to writ jurisdiction under Article 226. The governing test turns on the nature of the function discharged, not merely the formal source of power; bodies carrying out public duties or public law functions can fall within the broad reach of judicial review even if they are not statutory authorities in the narrow sense. Because education to the public has a clear public element and the university is regulated under the University Grants Commission Act, 1956, the writ petition was maintainable and the contrary view on non-maintainability was reversed.

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Issues: Whether a deemed university engaged in imparting higher education performs a public function and is amenable to writ jurisdiction under Article 226 of the Constitution of India.

Analysis: The governing test is not confined to the formal source of the body's power but extends to the nature of the function discharged. A body performing public duties or public law functions may be subjected to writ jurisdiction even if it is not a statutory authority in the narrow sense. Education imparted to students at large is a public function, and a deemed university, whose activities are regulated under Section 3 of the University Grants Commission Act, 1956, discharges functions that have a clear public element. Such a body falls within the broad reach of Article 226 and, as a consequence, is amenable to judicial review by writ.

Conclusion: The writ petition was maintainable against the deemed university, and the contrary view of the Division Bench was incorrect.

Final Conclusion: The appeal was allowed, the finding of non-maintainability was reversed, and the matter was sent back for decision on merits by the High Court.

Ratio Decidendi: A body that performs public functions or public duties, including a deemed university engaged in imparting education, is amenable to writ jurisdiction under Article 226 of the Constitution of India.

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