PUSHAN MAJUMDAR Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) This appeal has been filed from the order dated 17th August, 2010, by the Indian Association for the Cultivation of Science (IACS) as it is neither a 'State' or 'other Authority' and the maintainability issue of the writ petition was considered and dismissed. Along with FMA No.16 of 2011, W.P.12697(W) of 2016 filed by Utpal Sadhu and W.P.28123(W) of 2012 filed by Ashoke Kumar Roy were also tagged.

(2.) Counsel for the appellant places the Memorandum of Association of IACS so also the Regulation of IACS before the Court. 1975 (1) SCC 421, 1979 (3) SCC 489, AIR 1989 SC 1607, 2002 (5) SCC 411 and 2005 (5) SCC 75 is relied in support of its contention.

(3.) On the contra Counsel for IACS relies on AIR 1981 SC 487, AIR 1992 SC 76, 1984 (2) SCC 14, AIR 1988 SC 469, 2001 (2) CHN 762 (FB) and 1992 (1) CLJ 319. 2013 (8) SCC 345 supports the contention of the writ petitioner/appellant. In W.P.12697(W) of 2016 the Constitution of IACS was annexed and in Regulation 7 of IACS, the formation of the Council, its Constitution and composition finds mention. Regulation 10 of the Association also deals with financial aid given to IACS by the Government of India. In this respect Regulation 2.3 of the Bye-laws is set out hereinbelow:-