Tapabrata Chakraborty, J. - (1.) THE instant writ application has been preferred, inter alia, praying for regularisation of the petitioner's service in the post of Security Officer and challenging, inter alia, the impugned attempt on the part of the respondents to fill up the post of Security Officer, purely on contractual basis, by an advertisement dated 20th April, 2015 published by the Bose Institute (hereinafter referred to as the said Institute).
(2.) AT the very inception, Mr. Bhattacharyya, learned senior counsel appearing for the respondents has urged a point of maintainability of the writ application and thus it would be necessary to first deal with the said objection. According to Mr. Bhattacharya, Bose Institute does not come within the purview of Article 12 of the Constitution. The said Institute is a society within the meaning of the West Bengal Societies Registration Act, 1961 and is a private society. It's Governing Body and Council are the highest decision making bodies and that in both private individuals constitute the majority. The said Institute has not been created on the basis of any Government decision and the said Institute was never a part of any department of the Government and it receives annual grant from the central revenue of an amount to be mutually agreed upon with the Central Government. It is a private body with no public duty.
(3.) IN support of such submission, Mr. Bhattacharyya has relied upon an unreported judgment delivered by a Bench of coordinate jurisdiction in the case of Sri Raj Kumar Sardar v. Union of India and Ors. In the said decision the Hon'ble Court was pleased to observe that keeping in view the decision of the Hon'ble Apex Court in Chander Mohan Khanna v. The National Council of Educational Research & Training and others, reported in : (1991) 4 SCC 578 the Bose Institute is not a State within the meaning of Article 12 of the Constitution.;