- (1.) THIS reference to the Division Bench has been made by a learned Single Judge of this court to resolve an apparent conflict between a view taken by a learned Single Judge of this court and the opinion of the Supreme Court. 2000(1) PLJR 759 has held CSIR to be an authority within the meaning of Article 12 of the Constitution, The observations of the learned single Judge are contained in paragraph 12 of the aforesaid Judgment which were reproduce: - - "In the light of the principles laid down by the Apex Court in Ajay Hasias case (supra) and Ramchandranan Iyers case (supra) and also regard being had to the facts stated by the petitioner in the writ petition and the supplementary affidavit. I am of the opinion that the respondents, namely, Central Fuel Research Institute which is a Wing of Council of Scientific and Industrial Research is an Authority within the meaning of Article 12 of the Constitution and consequently the writ application filed by the petitioner is maintainable."
(2.) Apparently, therefore, the learned Single Judge was relying upon the propositions of law settled in the case of Ajay Hasia v. Khalid Mazid reported in AIR 1981 SC 487 and in the case of P.K. Ramchandranan Iyer v. Union of India and Ors. reported in AIR 1984 SC 541. Undoubtedly, he was referring to both these Judgments of the Supreme Court with a view to decide that the view earlier taken by the Supreme Court with regard to CSIR in the case of Sabhajit Tewary v. Union of India Reported in AIR 1975 SC 1329 stood overruled. By a process of recapitulation, let us consider and examine whether the view of the learned Single Judge in Gun -jan Mukheijee (supra) is correct or not.
(3.) In the case of Sabhajlt Tewary (supra), the following observations of their Lordships of the Supreme Court are relevant to determine whether CSIR is or is not an Authority within the meaning of Article 12 of the Constitution: - - "Extracting the features as aforesaid, it was contended that these would indicate that the Council of Scientific and Industrial Research was really an agency of the Government. This contention is unsound. The Society does not have a statutory character like the Oil and Natural Gas Commission, or the Life Insurance Corporation or Industrial Finance Corporation. It if a society incorporated in accordance with the provisions of the Societies Registration Act. The fact that the Prime Minister is the President or that the Government appoints nominees to the Governing Body or that the Government may terminate the membership will not establish anything more than the fact that the Government takes special care that the promotion, guidance and co -operation of scientific and industrial research, the institution and financing of specific researches, establishment or development and assistance to special institutions or departments of the existing institutions for scientific study of problem affecting particular industry in a trade, the utilisation of the result of the researches conducted under the auspices of the Council towards the development of industries in the country are carried out in a responsible manner.";