(1.) Points of law to be decided in this writ petition are as follows : -1) Whether Paschim Banga Rajya Prarambhik Siksha Unnyan Sanstha is a State within the meaning of Article 12 of the Constitution of India and whether the writ petition is maintainable on that score or not. 2) If the writ petition is maintainable then whether the order impugned is termination simplicitor or termination with stigma and or whether the said order of termination is valid in the eye of law.

(2.) The writ petitioner was appointed in a project viz. The District Primary Education Programme (hereinafter termed as said programme) under Sarva Siksha Abhiyan which commenced in the year 1997 and 2000 respectively. The petitioner was appointed as Administrative Assistant in the said project office in June, 1998. According to the petitioner initially he was appointed for six months.

(3.) In paragraph 3 of the writ petition it has been stated that the projects are two fold (a) District Primary Education Programme, and (b) Sarva Siksha Abhiyan. Both the parts are implemented by Paschim Banga Rajya Prarambhik Shiksha Unnayan Sanstha (hereinafter termed as said Sanstha). The first part that is (a) is externally funded by Department of International Development and is Centrally sponsored whereas the second part is Centrally sponsored in collaboration with the State Government. Thus, the project carried out by the said Sanstha are essentially controlled and administered and funded by State and the Sanstha is a State within the meaning of Article 12 of the Constitution of India. The State Project Director gave certain orders on 08/02/2000 to the petitioner which has been made annexure P1 to the writ petition.

(4.) By a subsequent memo issued on 07/10/2003 by the Administrative Officer, petitioners service had been extended for one year commencing from 01/01/2003. A copy of the said memo has been annexed in the writ petition as annexure P2.

(5.) In the said memo dated 07/10/2003 it has been stated that the petitioner will remain engaged as Administrative Assistant at SPO, WBDPEP and SSA for a period of one year and the date of effect being 01/01/2003 with a monthly remuneration of Rs. 5,250/-. The budget specification as detailed in Order No. 91 dated 08/02/2000 will hold good.

(6.) Subsequently, through another memo No. 1716/PBRPSUS dated 22/08/2003 the State Project Director informed the petitioner that his service is no longer required in the project and he will be disengaged from service on and from 22/09/2003 and this shall be treated as one months notice.

(7.) According to the petitioner this termination of the contract dated 07/01/2003 by issuing the letter of termination dated 22/08/2003 during the period of subsistence of the contract particularly when the post and the project continues and the petitioner has already rendered more than six years of service in the post is illegal.

(8.) Affidavit-in-opposition was filed on behalf of respondent Nos. 2 and 3. At the outset in paragraph 4(a) of the affidavit-in-opposition it was stated that the said Sanstha was initially constituted in 1995 which is an association registered under Societies Registration Act, 1961. As envisaged under the Memorandum of Association and Rules of Paschim Banga Rajya Prarambhik Siksha Unnyan Sanstha the said Society was formed to act as an autonomous and independent body for implementation of District Primary Education Programme in West Bengal. This Sanstha was established with the motto of bringing fundamental change in primary education system as also for socio-economic-cultural situation with the specific object amongst others, universalisation of primary education as a composite programme -(i) access to primary education for all children up to 14 years; (ii) participation of all till they complete primary stage education; (iii) universal achievement of a minimum level of learning. In this manner in the said paragraph the said Sanstha stated in detail about their