B.C. Mitra, J. - (1.) The Petitioner was appointed in the pool for temporary placement of Indian scientists and technologists on certain terms and conditions. He was to get a salary of Rs. 600 per month in addition to dearness and other allowances as admissible to Class I officers of the Council of Scientific and Industrial Research. He was also entitled to draw travelling allowance in accordance with the rules for journey undertaken by Government servants for official purposes. By the letter of appointment dated May 10, 1961, which is included in annEx. 'A' to the petition, the Petitioner was informed that he had been selected for appointment in the pool for temporary placement of Indian scientists and technologists. The other conditions of appointment as set out in the letter are as follows: (1) The appointment in the pool will be until the Petitioner was absorbed in a suitable post on a more or less permanent basis, and during this appointment the Petitioner will be free to apply for any suitable post in India. (2) The Petitioner to take an path of allegiance to the Constitution of India in a form enclosed. (3) The Petitioner not to apply for or obtain a patent for any invention based on research undertaken by him during his tenure in the pool except with the permission of the Diredctor General, Council of Scientific and Industrial Research. (4) The Petitioner may be attached or seconded to a Government department, an industrial enterprise, national laboratory, university or scientific or technical or other institution or organisation in India in accordance with his qualification and experience.
(2.) The Petitioner's educational qualifications include a degree of Master of Science in Applied Chemistry and Doctor of Philosophy (Science) in Biochemistry from the University of Calcutta. Besides the University degrees, the Petitioner is the holder of other academic distinctions in the shape of research scholarships and fellowships.
(3.) The Petitioner's appointing authority is the Council of Scientific and Industrial Research (Respondent No. 1) which is a society registered under the Registration of Societies Act, 1860. The Petitioner's contention is that the Respondent No. 1 is an authority under the control of the Government of India within the meaning of Articles 12 and 308 of the Constitution.;