Judgement

RANGANATH MISRA, J. : - This appeal by special leave calls in question the judgment of a Division Bench of the Delhi High Court in a Letters Patent Appeal upholding the decision of a learned single Judge* rejecting the writ petition of the appellant. The appellant was an employee of the Institute of Constitutional and Parliamentary Studies (hereinafter referred to as ICPS for short) and in a disciplinary action he was dismissed from service by order date 17th Nov. 1982. When he assailed the order in a writ petition before the High Court, the question whether ICPS was State within the meaning of Art. 12 of the Constitution came for consideration as the major issue arising in the matter. The learned single Judge dismissed the writ petition by holding that the employer was neither an agency nor an instrumentality of the Government and did not constitute State within the meaning of Art. 12, and, therefore, was not subject to the writ jurisdiction of the High Court. The appeal against the judgment of the learned single Judge was dismissed on 1st Nov. 1983.

* Reported in (1983) 47 Fac LR 526

2. In course of hearing of the appeal Dr. Anand Prakash appearing for ICPS fairly stated t