LT GOVERNOR OF DELHI Vs. V K SODHI

JUDGEMENT

(1.) In this appeal, the challenge is to the decision of the Delhi High Court holding that the State Council of Education, Research and Training (SCERT for short) is a State within the meaning of Article 12 of the Constitution of India and the conclusion that the Lieutenant Governor of Delhi, SCERT and others are bound to implement the policy decision of SCERT as reflected in Regulation 67 framed by it as also the Advanced Career Promotion Scheme. But a caveat was entered that those who have not been absorbed, cannot be given the benefit of the decision unless they are absorbed permanently in SCERT. The writ petition was allowed on the above terms with costs.

(2.) We may notice that the writ petition was not allowed as prayed for nor was a mandamus as such issued to the respondents. The prayer in the writ petition was for the issue of a writ of mandamus or any other suitable writ, order or direction to the respondents to extend the benefits of pension, gratuity and general provident fund on retirement in favour of the writ petitioners, to provide facilities of loan, advances for betterment of career, status and life in terms of housing loan, car loan, computer loan etc. in favour of the writ petitioners and also to extend the benefits of the same pay and allowances in favour of the writ petitioners as are admissible to the academic staff of National Council of Educational, Research and Training (NCERT for short) at par or to pass any other order or direction as may be deemed fit and proper. It may be noticed that Regulation 67 of SCERT Rules and Regulations which provided that the terms and tenure of service of the academic staff at the Council shall remain the same as available for the academic staff of NCERT was amended by notification dated 7.12.1999 retrospectively to the effect that the terms and tenure of service of academic and other staff of the Council should remain the same as available for the academic and other staff of the Directorate of Education, G.N.C.T. of Delhi with such modifications that may be specifically adopted by the Executive Committee from time to time. This amendment was not challenged in the writ petitions in the context of the prayers in the writ petition. But in the context, it is clear that the High Court has issued a direction to SCERT to implement Regulation 67 as it stood prior to its amendment in respect of a class of employees and to implement certain resolutions adopted by the Governing Committee of SCERT. We may incidentally notice and it is the common case, that the unamended Regulation 67 had never been implemented in SCERT in respect of any of its employees and there is no case of any discrimination in the implementation of that Regulation.

(3.) While allowing the writ petition, the High Court negatived the plea of SCERT that it was merely a society registered under the Societies Registration Act and it was not a State within the meaning of Article 12 of the Constitution of India. The High Court also overruled the plea of SCERT that it mainly relied on the grant by the Government for the purpose of achieving the objects with which the society was formed and without the sanction or approval of the State Government, it was not in a position to spend any part of the grant by way of additional benefits to its employees. It is feeling aggrieved by the decision thus rendered by the High Court that this Appeal has been filed.