VIJAY MANOHAR SAHAI, J. - (1.) We have heard learned advocate Mr. Amresh N. Patel for the petitioner, learned advocate Mr. Saurin Mehta for respondent Nos. 1 -2 and learned AGP Mr. Utkarsh Sharma for respondent No. 3.
(2.) This writ petition in the nature of public interest petition has been filed for the following relief: "(B) This Hon'ble Court may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other writ directing the State Govt. to form a specific committee headed by the Secretary of the Health and Family Welfare Department along with one of the prominent Oncologist of the city and thereby to carry out a proper investigation. (C) Further, the Hon'ble Court would be pleased to direct the respondent No. 1 and respondent No. 2 to improve the condition of grant -in -aids that are being used unscrupulously by the respondents. (D) The Hon'ble Court may be pleased to direct the respondent No. 1 to extend the benefit of free treatment to the cancer patient as per the different Govt. policies framed to help out poor patients those are exempted from paying income tax."
(3.) Respondent Nos. 1 and 2 are Gujarat Cancer & Research Institute and Gujarat Cancer Society against which prayer has been made for issue of writ of mandamus to improve the condition and grant free treatment to cancer patients as per the government policies. A Division Bench of this Court in C.A. SHAH, DR VS. GUJARAT CANCER AND RESEARCH INSTITUTE, AHMEDABAD, reported in 1992(1) GLR 687 has held that Gujarat Cancer and Research Institute, Ahmedabad, is not a "State" within the meaning of Article 12 of the Constitution of India and therefore is not amenable to writ jurisdiction of this Court. This Division Bench decision has been followed by another Division Bench of this Court in PRAVINCHANDRA M. PATEL & 1 ANOTHER VS. DIRECTOR OF GUJARAT CANCER AND RESEARCH INSTITUTE & 4 OTHERS decided on 21.9.2011 in Letters Patent Appeal No. 446 of 2003 and other cognate matters. In PRAVINCHANDRA M. PATEL, the Division Bench has also noticed a Full Bench decision of this Court in RAMBHAI ISHWARBHAI PATEL AND ANOTHER VS. GUJARAT STATE FERTILIZERS AND CHEMICALS LTD., reported in 2011 (2) GLR 1197 wherein the view taken by this Court is that Gujarat State Fertilizers & Chemicals Ltd., is not an instrumentality of the State and is not a "State" within the meaning of Article 12 of the Constitution of India. Therefore, we are of the concurred opinion that this writ petition in the nature of public interest litigation is not maintainable. Learned counsel for the petitioner has relied on a decision of the Apex Court in the case of CONSUMER EDUCATION & RESEARCH CENTRE & OTHERS VS. UNION OF INDIA & OTHERS reported in (1995) 3 SCC 42 wherein the view taken is that health and medical aid of workers during service and thereafter is a fundamental right of the workers who are working in hazardous industries. The Apex Court widened the scope of Article 21 of the Constitution of India. We have carefully considered this decision. In our opinion, this decision is not applicable to the facts of the present case.;