HASIBUR RAHMAAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is preferred against the order passed by the learned Single Judge in Writ Petition (S/S) No. 736 of 2018 dtd. 30/10/2018.

(2.) The appellants herein filed the said writ petition questioning the action of the "Science and Technology Entrepreneurship Park" (STEP) in terminating their services. While they appear to have initially contended that STEP was a part of the Indian Institute of Technology Roorkee (IIT), the learned Single Judge has, in the order under appeal, noted that, since they were never employed by IIT Roorkee and continued under the employment of STEP which is a self-financed society, they were disentitled to claim any relief against IIT Roorkee. The learned Single Judge also held that the petitioners were disentitled for grant of relief on the ground that the Society, under which they worked and which had terminated their services, was not an instrumentality of the State.

(3.) Ms. Neetu Singh, learned counsel for the appellants, would draw our attention to the averments, in the writ affidavit and the counter affidavit, that STEP was initially established and funded by the Government of India; and the Director of the IIT Roorkee is also the Chairman of the STEP. Learned counsel would submit that "STEP" would fall within the ambit of Article 12 of the Constitution of India. On the other hand Mr. Piyush Garg, learned counsel for the respondent nos.3 to 5, would submit that STEP is a self-financing body; while funds were initially granted by the Government of India to establish STEP, no funds have been made available by the Government of India to STEP for the past more than 15 years; and, since STEP is a society registered under the Societies Registration Act, it is not an instrumentality of the State under Article 12 of the Constitution of India.