HIMANSHU DINESHCHANDRA PAREKH Vs. INSTITUTE OF PLASMA RESEARCH

JUDGEMENT

(1.) This appeal under Clause 15 of the Letters Patent has been filed by the appellant who was the original petitioner before the learned Single Judge. The learned Single Judge, by an oral judgement dtd. 8/8/2024, held that the petition filed by the petitioner is not maintainable against the respondent No.1-Institute as the Institute is not a "State" within the meaning of Article 12 of the Constitution of India.

(2.) Mr.Shalin Mehta, learned Senior Counsel appearing with Ms.Aditi Raol, learned counsel for the appellant, made the following submissions:

(3.) Mr.D.G.Shukla, learned counsel appearing for the Institute of Plasma Research, would submit that the Institute is an autonomous body which is a grant-in-aid Institute. It is a research Institute devoted to the fundamental and applied studies in the area of plasma physics. It is not a State within the meaning of Article 12 of the Constitution of India. Merely because Bye-laws of 2018 are read, it does not in any manner indicate pervasive functional, financial and administrative control of the government. In support of his submissions, he would rely on the following decisions: