N UGRAMURTHY Vs. CHIEF SECRETARY GOVERNMENT OFKARNATAKA BANGALORE

JUDGEMENT

(1.) IN the present writ petition, the only question requiring consideration is regarding the authority of Dr. R. A. Parangusa Das (in short 'dr. Das')to continue as the Director of the Sanjay Gandhi Institute of Accident and Rehabilitation and Physical Medicine, Bangalore, (in short 'the Institute')after 19-6-1997, the date on which, according to the petitioner, his tenure to the post expired.

(2.) I have heard Mr. V. Balakrishna, learned Counsel appearing for the petitioner, learned Advocate General for the State Government and mr. Gopal Hegde, learned Counsel appearing for Dr. Das, 3rd respondent, on the above question.

(3.) THE Institute is established by the 'bangalore Accidents Rehabilitation and Other Services' (in short 'the Society"), which is a registered society under the provisions of the Karnataka Societies Registration Act, 1960. As per Clause 6 (a) of the memorandum of association of the Society, the management and control of all the affairs of the Society are vested in the 'governing Council', which inter alia, consists of various political and administrative executives in their ex officio capacities. As per Clause 15 of the Memorandum, funds of the Society includes grants from the State or the Central Government. Keeping in view these aspects, it has not been disputed by any of the contesting parties that the society is not a 'state' within the meaning of Article 12 of the Constitution of India. But, nonetheless, it is well-settled that such Societies, for the said reason, does not become a department of the State Government so as to entitle the Government to exercise any administrative power thereon except under and in accordance with the provisions of the memorandum of association or the rules and regulations of the Society.