( 1 ) HEARD learned counsel for the parties.

( 2 ) IN the writ petition filed by the petitioner in the High Court, a preliminary objection was raised that it was not maintainable as the Council of Scientific and Industrial Research (CSIR) was not an "authority" within the meaning of Article 12 of the Constitution of India. The High Court, following the decision of the Constitution Bench judgment of this Court in sabhajit Tewary v. Union of India accepted the preliminary objection and held that the writ petition under Article 226 was not maintainable. The High court did not consider the merits of other contentions raised.

( 3 ) A larger Bench of this Court consisting of seven learned Judges in pradeep Kumar Biswas v. Indian Institute of Chemical Biology by majority overruled the decision in Sabhajit Tewary aforementioned and held that csir is amenable to writ jurisdiction as a "state" or any other "authority" under Article 12 of the Constitution of India. Hence, the impugned order cannot be sustained in the light of the said larger Bench judgment of this court and it is set aside. The learned counsel for the respondents submitted that even otherwise the writ petition filed by the Association was not maintainable. In the view we propose to take to remit the writ petition to the high Court to be heard on merits on the respective contentions raised by the parties, we do not wish to express one way or the other on the merits of the contentions that have arisen for consideration between the parties. The writ petition is remitted to the High Court for consideration and decision on merits of the contentions that arise for consideration including the question whether the writ petition filed by the Association is otherwise maintainable.

( 4 ) THE appeal is disposed of accordingly.