JHARNA BANERJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners are employees of respondent no.3/Family Planning Association of India. Petitioners seek the relief of quashing of the orders passed by respondents no.2 and 3 dated 24.1.2014 and 31.1.2014 terminating their services.

(2.) The issue is whether respondent no.3/Family Planning Association of India is a State or an authority of the State under Article 12 of the Constitution of India. Counsel for the petitioners places reliance upon the judgment of a learned Single Judge of this Court in the case of Mr. M.P.Singh & Ors. Vs. Delhi Administration & Ors. W.P.(C) No. 3007/1989 decided on 5.8.1992 to argue that respondent no.3 is a State.

(3.) Before referring to the applicability of the judgment in the case of M.P.Singh , it is required to be noted that respondent no.3/Family Planning Association of India essentially had two parts of its operations. One part was a State under Article 12 of the Constitution of India inasmuch as that part of respondent no.3 was funded by the government for carrying out activities of the government with respect to family planning etc. The other part of respondent no.3 was a private organization which was neither funded by the government and nor was under control of the government and therefore was not a State under Article 12 of the Constitution of India. This aspect has been considered by me while disposing of W.P.(C) No. 9063/2011 titled as Dr. T.Renuka & Ors. Vs. Government of National Capital Territory of Delhi & Ors. decided on 27.11.2013 and the said judgment read as under:-