Nadira Patherya, J. - (1.) This appeal has been filed from the order dated 17th August, 2010, by the Indian Association for the Cultivation of Science (IACS) as it is neither a 'State' or 'other Authority' and the maintainability issue of the writ petition was considered and dismissed. Along with FMA No.16 of 2011, W.P.12697(W) of 2016 filed by Utpal Sadhu and W.P.28123(W) of 2012 filed by Ashoke Kumar Roy were also tagged.
(2.) Counsel for the appellant places the Memorandum of Association of IACS so also the Regulation of IACS before the Court. 1975 (1) SCC 421, 1979 (3) SCC 489, AIR 1989 SC 1607, 2002 (5) SCC 411 and 2005 (5) SCC 75 is relied in support of its contention.
(3.) On the contra Counsel for IACS relies on AIR 1981 SC 487, AIR 1992 SC 76, 1984 (2) SCC 14, AIR 1988 SC 469, 2001 (2) CHN 762 (FB) and 1992 (1) CLJ 319. 2013 (8) SCC 345 supports the contention of the writ petitioner/appellant. In W.P.12697(W) of 2016 the Constitution of IACS was annexed and in Regulation 7 of IACS, the formation of the Council, its Constitution and composition finds mention. Regulation 10 of the Association also deals with financial aid given to IACS by the Government of India. In this respect Regulation 2.3 of the Bye-laws is set out hereinbelow:- "2.3 Appointment of Director The Council shall appoint the Director with prior approval of Central Government and following Recruitment Rules and procedures prescribed by the Government of India from time to time. [Old Rules :The Council shall appoint a Search Committee to look for possible incumbents for the post of Director. On recommendation of the Search Committee, the Council after due ratification will forward the name/s to the Secretary, Department of Science & Technology for taking further action as required for appointment of Director of Central Autonomous Organizations of the Government of India. Old rule was amended vide resolution of the Governing Council under item no.4 in its 2013-2 meeting held on 13.07.2013.]" The composition of the Finance Committee is constituted as per Bye-law 4.1.2. and reads as follows:- "4.1.2 THE FINANCE COMMITTEE Composition: The composition of the Finance Committee would be as follows: i) The Chairman of the Governing Council ii) The Director iii) One representative of the Ministry of Science & Technology, Government of India, who is also a member of the Council iv) On Trustee member nominated by the Council v) The Accountant-General, West Bengal or his nominee vi) The Registrar who will be the non-member Secretary In absence of the Chairman of the Council, the members will elect a Chairman from among themselves. Powers and Duties of the Finance Committee: i) The Finance Committee shall make recommendation to the Council on all proposals of new demands, which shall stand referred to the Finance Committee for opinion before being considered by the Council. ii) It would prepare a budget for the Association for the next financial year or the next plan period. iii) To advice and recommend on any particular initiative that has a financial implication.";