BRAHMA CHELLANEY Vs. UNION OF INDIA

JUDGEMENT

(1.) The first question to be decided is whether Respondent No.2 the Centre for Policy Research ('CPR' hereafter) is amenable to the writ jurisdiction of this Court. It needs to be stated that the UOI, as also the Indian Council of Social Service Research ('ICSSR' hereafter) , has supported the Petitioner in his submission that a writ can issue in this matter. A plethora of precedents have been cited by Mr. Kapil Sibali Learned Senior Counsel for the Petitioner and by Mr R.K.P. Shankerdass, Learned Senior Counsel for Respondent No.2. If each of them is to be individually discussed these judgments would become needlessly and avoidably prolix; especially since a Restatement of the law, with special relevance to the facts of this case, is readily available in the decision in U.P. State Co-operative Land Development Bank Ltd. vs. Chandra Bhan ......Dubey , and others AIR 1999 Supreme Court 753.

(2.) It would be most fruitful to reproduce the observations of the Hon'ble Supreme Court in extensio, since an answer to the gravamen of the contention can be found therein:

(3.) Many rulings of the High Courts, pro and con, were cited before us to show that an award under Section 10-A of the Act is insulated from interference under Article 226 but we respectfully agree with the observations of Gajandragadkar, J. (as the then was) in Engineering Mazdoor Sabha, 1963 Supp (1) SCR 625, 640s (AIR 1963 SC 874 at Pp. B81-B2) which nail the argument against the existence of jurisdiction. The learned Judge clarified at p.640 (of SCR) (at Pp.881-82 of AIR) Article 226 under which a writ of certiorari can be used in an appropriate case, is, in a sense, wider than Article 136, because the power conferreds on the High Courts to issue certain writs is not conditioned or limited by the requirement that the said writs can be issued only againat the orders of Courts or Tribunals. Under Article 226 (1), an appropriate writ can be issued to any person or authority, including in appropriate cases any Government, within the territories prescribed. Therefore, even if the arpitrator appointed under Section 10-A is not a tribunal under Article 136 in a proper case a writ may lie against his award under Artice 226"