JUDGMENT :

CHAKRADHARI SHARAN SINGH, J

A five-Judge Constitution Bench of the Supreme Court in case of Zee Telefilms Ltd. v. Union of India, reported in (2005) 4 SCC 649, has conclusively held that the Board of Control for Cricket in India (‘BCCI’ for short) is not a ‘State’ within the meaning of Article 12 of the Constitution of India. The Supreme Court has, however, held in paragraph 31 in the said case as under:-

“31. Be that as it may, it cannot be denied that the Board does discharge some duties like the selection of an Indian cricket team, controlling the activities of the players and others involved in the game of cricket. These activities can be said to be akin to public duties or State functions and if there is any violation of any constitutional or statutory obligation or rights of other citizens, the aggrieved party may not have a relief by way of a petition under Article 32. But that does not mean that the violator of such right would go scot-free merely because it or he is not a State. Under the Indian jurisprudence there is always a just remedy for the violation of a right of a citizen. Though the remedy under Article 32 is not available, an aggrieved party can always se