Jayanta Kumar Biswas, J. - (1.) The petitioner is seeking a mandamus directing the first respondent to permit him to attend the third semester MBA Class of 2007 conducted by one ICFAI Business School, Kolkata (ICFAI stands for: Institute of Chartered Financial Analysis of India).
(2.) The business school is absolutely a private body, and it has been sued through its director. It is a unit of the Institute of Chartered Financial Analysis of India University, which is admittedly a society registered under the Andhra Pradesh (Telangana Area) Public Societies Registration Act, 1350F. That society is the first respondent in the writ petition. The first question that has arisen for consideration is whether the first and third respondents are amenable to writ jurisdiction.
(3.) Counsel for the petitioner argues that in view of provisions in the ICFAI University Act, 2003, the first respondent discharging public duties is a state within the meaning of Article 12 of the Constitution of India, and hence it and its unit that has been sued through the third respondent both are amenable to the writ jurisdiction of the high courts. He refers me to the relevant statement made in para 24 of the writ petition.;