The central legal point established in the judgment is the requirement for the High Court to consider the maintainability of writ petitions in light of a larger Bench decision and dispose of the writ petitions accordingly.

ORDER :

Shivaraj V. Patil, J. - The question whether the writ petitions filed against the Rajasthan Shiksha Karmi Board were maintainable on the ground that it was not an authority within the meaning of Article 12 of the Constitution of India, came up for consideration in the writ petitions.

2. The learned Single Judge of the High Court dismissed the writ petitions as not maintainable against Respondent 2 herein following a Division Bench judgment of the same High Court in which it was held that the Rajasthan Shiksha Karmi Board, a society registered under the Societies Registration Act, 1958, was not an authority under Article 12 of the Constitution. The Division Bench of the High Court dismissed the special appeals concurring with the view of the learned Single Judge as to the maintainability of the writ petitions against Respondent 2.

3. It was contended before us on behalf of the appellants that the controversy as to the maintainability is covered by a recent larger Bench decision of seven learned Judges of this Court in Pradeep Kumar Biswas v. Indian Institute of Chemical Biology, (2002) 5 SCC 111 and in this view the writ petitions filed against Respondent 2 were maintainable. The learned Senior Counsel for the respondents submitted that in order to consider whether the writ petitions were maintainable even in the light of the larger Bench decision aforementioned, essentially the High Court is to examine and consider the facts of the case.

4. In these circumstances we think it is just and appropriate that the High Court should consider, having regard to the facts of the case whether the writ petitions are maintainable in the light of the aforementioned decision of the larger Bench. Without expressing our opinion on the respective contentions and merits of the case we set aside the impugned order and remit the special appeals to the Division Bench of the High Court to consider and decide the question as to the maintainability of the writ petitions having regard to the decision in Pradeep Kumar Biswas v. Indian Institute of Chemical Biology, (2002) 5 SCC 111. and then to dispose of the writ petitions in accordance with law.

5. The appeals stand disposed of accordingly.

6. No costs.