Amitava Lala, J. - (1.) The writ petition has been filed by the petitioner claiming inter-alia a huge sum of unpaid bills as agreed in MOU between the parties i.e. petitioner and the Allahabad Agricultural Institute, Deemed University, Allahabad. The petitioner further contended that the function of the University is in the nature of State, therefore, Article 12 of the Constitution of India is applicable.
(2.) The respondent has categorically taken a plea that such University is not a 'State' within the meaning Article 12 of the Constitution of India. It is managed by a private company of management, known as the 'Board of Directors of Allahabad Agricultural Institute' and receives only a meager part of its salary grant from the State of Uttar Pradesh. There is no government control over the management of the institution. Only because the institute receives certain grant of amount of salary from the State Government, it can not change the nature and character of a minority institution and bring it within the definition of 'State' under Article 12 of the Constitution of India.
(3.) On the other hand, the petitioner contended before us that according to the respondents they have repeatedly requested our representative for the settlement of account. Annexure-8 to the writ petition is a Memorandum of Understanding in respect of the agreed amount, part of which has already been paid, leaving aside the remaining amount. Now a sum of Rs. 10,90,16,587/- is due and payable by the University to the petitioner. Since there is no dispute with regard to the claim of the remaining part, the amount has to be paid by way of settlement of account. It is further stated that Income Tax Department has been paid certain amount on account of payment of such sum by the respondents.;