ASHA MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) -Smt. Asha Mishra, the petitioner claims that she was appointed as Accounts Clerk vide letter of appointment dated 12.2.1993. She claims that her appointment was made after the post was advertised and interview was held by the selection committee. She also claims that her name was included in the list dated 24.7.1993 containing the names of teaching and non-teaching staff sent to the concerned authorities for sanction of grant-in-aid to the employees of Rani Padmawati Tarayog Tantra Mahavidyalay Sansthan Indrapur, Shivpur, Varanasi (hereinafter referred to as 'the institution'). The institution was recognized w.e.f. 29.10.1998 and is granted/accorded grant-in-aid by the Government.

(2.) THE petitioner is aggrieved by the impugned order dated 17.11.1988 appended as Annexure-1 to the writ petition by which Sri Kanhaiya Jha respondent No. 6 has been absorbed as Accounts Clerk in her place.

(3.) PER contra, a preliminary objection has been raised by the counsel for the respondents about the maintainability of the writ petition in view of decisions of Hon'ble the Apex Court in Chandra Mohan Khanna v. N.C.E.R.T., 1991 SCC 578 ; Ajai Hashia v. Khalidmujib Sheravari, 1981 (1) SCC 722 and Pradip Kumar Biswas v. Indian Institute of Chemical Biology and others, 2002 (5) SCC 111. Reliance in this regard has also been placed in the decision of this Court in Civil Misc. Writ No. 1546 of 1999, Anirudh Jha v. Union of India, decided on 21.3.2007. In these cases it has been held that the institution is not 'State' within the meaning of Article 12 of the Constitution of India.