CSIR SCIENTIFIC WORKS ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed as a public interest petition seeking appropriate writ, order or direction under Article 226 of the Constitution of India including a writ in the nature of mandamus seeking restoration of the publication and copyright of "The wealth of India"/Bharat Ki Sampada" to the National Institute of Science Communication and for release of the copy of enquiry report of Mr.D.K.Sangal for the public and consequent disciplinary action against the respondents. The petitioners have raised the issue of restoration of publication and copyright of encyclopedia on mineral and biological resources of the country called the Wealth of India/Bharat Ki Sampada, the publication of which is alleged to have been stopped on account of illegal and malafide transfer of information, database and copyright from the Government organisation called NISCOM to a new private society created by respondent no.3. The petition has been listed on various occasions and affidavits have/been filed on behalf of respondents 2 and. 3 though no show cause notice has been issued. The said respondents have challenged the bonafides of the petition and have claimed that petitioner no.1 had filed a similar writ petition No.726/98 'earlier raising the similar grounds which had been dismissed on 18/2/1998 as not a fit case to be entertained as a public interest petition. The affidavit has sought to rebut the allegations of the petitioners and has relied upon the observations of this court in the case in CUP No.1698/98 Centre for Public Interest Litigation. Delhi vs. Union of India & Ors. where an order was passed on 5/5/1998 to the effect that where a competent authority is seized of the matter, it is not appropriate to keep the writ petition pending. It is claimed that action is being taken in pursuance to the report of Sangal Committee.

(2.) It was further stated that two publications mentioned continued to be published. A preliminary objection has also been taken that the writ petition under Article 226 of the Constitution of India would not be maintainable in view of the Judgment of Supreme Court in Sabhajit Tewary vs. Union of India & Ors AIR 1975 SC 1329 where CSIR was held not an authority within the meaning of Article 12 of the Constitution of India.

(3.) In view of this preliminary objection being raised about the maintainability of the petition, we deemed it expedient to hear the learned counsel for the parties on this preliminary issue of maintainability before proceeding any further in the matter. Mr.Mukul Rohatgi, Additional Solicitor General, instructed by Ms.Indu Malhotra, Advocate has objected to the maintainability of the petition and has relied upon the judgment in Sabhajit Tewary"s case (supra). The learned Additional Solicitor General submitted that the Supreme Court had considered the composition of the Council of Scientific and Industrial Research (for short CSIR) and, thereafter, held that it is not an authority within the meaning of Article 12 of the Constitution of India. It would be relevant to reproduce paras 2, 3 and 4 of the said judgment.