- (1.) Points of law to be decided in this writ petition are as follows : - 1) Whether Paschim Banga Rajya Prarambhik Siksha Unnyan Sanstha is a 'State' within the meaning of Article 12 of the Constitution of India and whether the writ petition is maintainable on that score or not. 2) If the writ petition is maintainable then whether the order impugned is termination simplicitor or termination with stigma and or whether the said order of termination is valid in the eye of law.
(2.) The writ petitioner was appointed in a project viz. The District Primary Education Programme (hereinafter termed as said programme) under Sarva Siksha Abhiyan which commenced in the year 1997 and 2000 respectively. The petitioner was appointed as Administrative Assistant in the said project office in June, 1998. According to the petitioner initially he was appointed for six months.
(3.) In paragraph 3 of the writ petition it has been stated that the projects are two fold (a) District Primary Education Programme, and (b) Sarva Siksha Abhiyan. Both the parts are implemented by Paschim Banga Rajya Prarambhik Shiksha Unnayan Sanstha (hereinafter termed as said Sanstha). The first part that is (a) is externally funded by Department of International Development and is Centrally sponsored whereas the second part is Centrally sponsored in collaboration with the State Government. Thus, the project carried out by the said Sanstha are essentially controlled and administered and funded by State and the Sanstha is a State within the meaning of Article 12 of the Constitution of India. The State Project Director gave certain orders on 08/02/2000 to the petitioner which has been made annexure 'P1' to the writ petition.;