PESI SHROFF Vs. STATE OF MAHARASHTRA AND OTHERS

JUDGEMENT

(1.) PESI Shroff is a flat racing jockey of repute. The Royal Western India Turf Club (the Club) denied to him the racing licence from the racing calendar 1992 -1993. Aggrieved thereby, he has filed this writ petition under Article 226 of the Constitution, against the Turf Club for restoration of his licence.

(2.) PRELIMINARY jurisdictional point which we were called upon to decide is, whether this Writ Petition is maintainable.

(3.) THE concept 'State' takes within its sweep not only the executive and legislative wings of the Union and the States but also local bodies as well as 'other authorities' which would include the instrumentalities or agencies of the State or institutions which discharge public functions of a governmental nature. Great mass of case law has developed in the process of interpreting the expression "other authorities". Starting point of long line of decisions is the case of The Rajasthan State Electricity Board, Rajasthan vs. Mohan Lal,, AIR 1967 SC 1856, wherein, departing from the earlier views, the Supreme Court ruled that principle of ejusdem generis does not apply in the interpretation of this expression as there is common feature present in the named bodies. Line ends with the last reported judgment of the Supreme Court, in the case of Chander Mohan Khanna vs. The National Council of Educational Research and Training and others, : AIR 1992 SC 76, in which review of almost all important decisions dealing with the subject has been taken, and certain propositions laid down.