- (1.) THIS is an appeal against the judgment dated 20th July, 1990 passed by the learned Trial Judge in Civil rule No. 13063 (W) of 1986. The respondent writ petitioners filed a Writ application praying for a Mandamus upon the appellants herein to act and proceed in accordance with the provisions of law and to cancel, withdraw and / or rescind the order contained in annexure 'd' of the writ petition by which the petitioner was informed that Prof. A. N. Chakraborty, Head, Department of medical Microbiology and Parasitology, University of Calcutta has stated that sri Roy may be advised to approach the ICMR through his last Controlling officer at IACS through the Offices of IACS (Registrar etc) giving clear written indications of his acceptance of his retrenchment with effect from 30-9-85. The writ petitioner respondent was appointed to the post of Laboratory Technician attached to the Department of Macromolecules under the ICMR Project entitled "natural Transfer of Plastics with special Booties as Food Additives" on a temporary basis on Rs. 500/- (Fixed) per month for a period of one year initially. The said appointment was to be terminated upon withdrawal/ termination of the scheme by the Sponsoring authority at any time of upon non- renewal of his services due to unsatisfactory progress. Thereafter the service of the writ petitioner was extended under various projects. The Writ petitioner also prayed for an order to allow him to resume his duties and functions as usual in the post of Laboratory Technician and to fix and finalize his scale of pay and to draw and disburse the same including arrears there for and a declaration that the writ petitioner is an employee of the Indian association for the Cultivation of Science from December 6,1978. The learned trial Judge on consideration of the matter allowed the writ application and made the Rule absolute and the learned trial Judge found that the writ petitioner was eligible for absorption as a regular staff of the Indian Association for the Cultivation of Science against the post held by him and such absorption should be made within a period of three months from the date of communication of that order.
(2.) MR. Saktinath Mukherjee, learned Advocate appearing with Mr. Partha sarathi Sengupta, learned Advocate after arguing the case on merits for some time took a preliminary objection as to the maintainability of the writ application relying upon a latest decision of the Supreme Court in the case of chander Mohan Khanna vs. The National Council of Educational Research and training and Ors. , reported in AIR 1992 SC 76. The said preliminary objection is whether the India Association for the Cultivation of Science is an authority either under Article 12 or under Article 226 of the Constitution of India.
(3.) INDIAN Association for the Cultivation of Science is asociety registered under the Societies Registration Act XXI of 1860) 1860. The objects of the society are to (1) cultivate science in all its departments both with a view to its advancement by original research and to its varied applications to the arts and comforts of Life (2) found, equip and maintain scientific laboratories and library or reading room for general use among the members or the students of the Association (3) establish and maintain collections of Natural History, mechanical, Scientific and Philosophical inventions, instruments or designs, and (4) take all proper and necessary steps for diffusion and cultivation of science in all departments. There are four categories of members constituting the said Association, namely, (a) Ordinary members, (b) Life members, (c)Honorary fellows and (4) Ordinary fellows. Under the Articles of the Association the affairs of the said Association are administered, directed and controlled by an Executive Council. The said Council consists of 13 members out of which only four are Government nominees and representatives. Out of four, two members are nominated by the Ministry concerned of the Government of India and the other two by the Secretary to the Government of West Bengal. Out of 13 members 7 members of the Council forms quorum for holding meeting. Under bye-law 28 all members of the staff including the Registrar and the heads of Departments, shall be under the administrative control of the director. Under Bye-law 33 (ii) it is provided that as long as the Association continues to receive grant-in-aid from the Government, the accounts of the association shall be audited annually by the Comptroller and Auditor General of India or by any person authorized by him in this behalf and any expenditure incurred in connection with such audit shall be payable by the Association to the Comptroller and Auditor General of India. Bye-law 33 (hr) provides that the results of audit shall be communicated by the Auditor to the Council of the indian Association for the Cultivation of Science, Calcutta who shall submit a copy of the Audit Report along with observations to the Government of India and to the Association. The Audit shall also forward a copy of the report direct to the Government of India. Under Bye-law 34 the Council is entitled to borrow money from time to time from any source and under clause (a) of Bye-law 34 the Council is entitled from time to time to accept loans from the Central or any state Government and/or the Finance Committee shall have the function to prepare an estimate of the income to be accepted during the next financial year from the properties and investments of the Association, and from Government grants and income from other sources.;