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DINESH MAHESHWARI, HRISHIKESH ROY
Pushan Majumdar Etc. – Appellant
Versus
Union of India – Respondent
ORDER
1. After taking note of the substance of submissions made in I.A. D. No. 58539 of 2020 and while ignoring defects therein, the name of deceased petitioner No. 1 is ordered to be deleted from the array of the parties. Cause title be amended accordingly.
Leave granted.
2. In view of a short point involved in the matter, we have heard learned counsel for the parties finally at this stage itself.
3. These appeals are directed against the common judgment and order dated 10.05.2018 insofar as relating to the respective intra-court appeals, whereby the Division Bench of High Court of Calcutta has declined to interfere with the conclusion in the judgment and order dated 17.08.2010, as passed by a learned Single Judge of the High Court, dismissing the writ petitions filed by the present appellants. The writ petitions came to be dismissed essentially for the reason that in a previous Division Bench decision, the Indian Association for the Cultivation of Science ('IACS'-respondent No. 2 herein) was held to be not 'the State' within the meaning of Article 12 of the Constitution of India and, therefore, no writ would be issued against it.
4. After having heard learned counsel for the parties a
The main legal point established in this judgment is that an entity can be considered 'the State' within the meaning of Article 12 if it is financially, functionally, and administratively dominated b....
The judgment established the principle that a private organization, even if discharging a public duty, may not fall within the scope of 'State' or 'other authorities' under Article 12 of the Constitu....
Matter pertains to the internal affairs of an unaided Non-Government Educational Institution, a writ petition would not be maintainable against the unaided private Institution, as an alternative reme....
The main legal point established in the judgment is the significance of precedent and the doctrine of stare decisis in determining the applicability of legal provisions, such as the definition of 'St....
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