SABHAJIT TEWARY Vs. UNION OF INDIA

JUDGEMENT

(1.) In Writ Petition No. 43 of 1972 the petitioner who is a junior stenographer in the Council of Scientific and Industrial Research asked for an order declaring two letters to be discriminatory and violative of Article 14. The two letters relate to recommendations of the Finance Sub-Committee of the Council of Scientific and Industrial Research with regard to remuneration of stenographers. In short the petitioner's allegations are that he should be granted the same number of advance increments as approved and granted to new entrants.

(2.) In order to entitle the petitioner to impeach the circular on the ground of infraction of Articles 14 and 16, the petitioner has to establish ,that the Council of Scientific and Industrial Research is an authority within the meaning of Article 12 of the Constitution.

(3.) The Council is a society registered under the Societies Registration Act. Reliance was placed by counsel for the petitioner on these features of the society. Under Rule 3, the Prime Minister of India is the ex-officio President of the Society. The Governing Body under Rule 30 consists of inter alia some persons appointed by the Government of India representing the administrative Ministry under which the Council' of Scientific and Industrial Research is included, and the Ministry of Finance and one or more members appointed by the Government of India. The Government of India may terminate the membership of any member or at one and the same time of all members other than the ex-officio members of the Governing Body. Rule 45 states that the Governing Body shall have the management of all the affairs and funds of the Society. Rule 46 states that the Governing "Body shall have power, with the sanction of the Government of India to frame, amend or repeal bye- laws not inconsistent with the rules for the administration and management of the affairs of the Society and in particular to provide for the terms and tenure of appointments, emoluments, allowances, rules of discipline and other conditions of service of the officers and staff of the Society. Reference was also made to the Government of India (Allocation of Business) Rules, 1961 and in particular to page 76 where it is stated that all matters relating to the Council of Scientific and Industrial Research are under the department of Science and Technology.