YOGENDRA NATH TRIVEDI Vs. STATE OF U P

JUDGEMENT

(1.) KRISHNA Murti Foundation India Agricultural School, Rajghat, Varanasi, a society registered under the Societies Registration Act, imparted education in Agriculture and Extension Courses and awarded diplomas to students. The State Government accorded recognition to the starting of these courses provisionally on July 18, 1956 and upon permanent basis on November 13/24, 1961. The two petitioners were appointed Lecturers in the School in respect whereof there was agreement executed in the Form referred to in paragraphs 143 (F) and 293 (2) of the Education Code, 1963. The agreement in both the cases is dated 1-1-1968. Government, it appears, had under consideration whether the scheme to impart Diplomas to students be continued and hence it wrote to all the recognized agricultural institutions to stop admission of students till final decision. No admissions took place in the School in 1985 and 1986. The Secretary, society pleaded with the Government by letters dated December 30, 1985 and June 12, 1986 but there being no response, terminated the petitioners' services by order dated 30th June, 1986, stating therein that this is brought about due to the institutions being closed.

(2.) AGGRIEVED the petitioners have filed these petitions under Articles 226 of the Constitution seeking writ of certiorari to quash the order dated June 30, 1986 and also mandamus directing the respondents to treat the petitioners as continuing in service and entitled as such to all benefits.

(3.) THE governing consideration in Ajay Hasia was thus expressed, "the reality is very much the deeply pervasive presence of the government." THE question arose in B. S. Minhas v. Indian Statistical Institute etc. (1983) 4 SCC 582. THE Court took note of the fact that the money required for running the institute was provided entirely by the Central Government and even if any other moneys were to be received by the Institute it could be done only with the approval of the Central Government. THE accounts of the Institute had also to be submitted to the Central Government for its scrutiny and satisfaction. THE Institute had to comply with all such directions as might be issued by the Central Government. "THE control of the Central Government is deep and pervasive and, therefore, to all intents and purposes it is an instrumentality of the Central Government". This constitutes the ratio of that decision.