High Court Of Delhi
MANJU SHARMA - Appellant
Versus
INDIAN COUNCIL FOR RESEARCH ON INTERNATIONAL ECONOMIC RELATIONS - Respondent
Civil 6516 of 1998
Decided On : 07/11/2001
Held:
The Accounts of the Society are separately maintained. From the records placed before me, it cannot be said that there is a deep pervasive control of the Government in the functioning of the Society. No document has been placed on behalf of the petitioner on record to prove the aforesaid point that in the functioning of the Society there is a deep pervasive control of the Government. The report for the year 1997-98 to which reference has already been made would indicate that the objective of the Society is mainly to carry out research and Project works on behalf of the organisations which sponsor such Research, Schemes and Projects.
( 1 ). As the facts and the questions involved in the present cases are similar in nature, I propose to dispose of both these writ petitions by this common judgment and order.
( 2 ). In both these writ petitions, the issue that was vehemently urged and that crops up for my consideration at this stage is whether the respondent is an agency or instrumentality of the government and is a state within the meaning of article 12 and that whether it is not subject to the writ jurisdiction of the High Court.
( 3 ). The petitioners were appointed as Typist in the office of the respondent and their services were extended from time to time when finally a notice of termination was issued to them as against which the present writ petitions were filed. In the writ petitions, the petitioners have challenged the legality of the aforesaid notice of termination. This Court while issuing notice on the writ petitions stayed the operation of the impugned orders which orders are still in operation. The respondent filed a counter affidavit contending and raising a preliminary objection to the maintainability of the writ petitions on the ground that the respondent is neither an agency nor an instrumentality of the government and is not a State within the meaning or Article 12 and, therefore is not amenable to the writ jurisdiction of this Court and sought for dismissal of the writ petitions on the said preliminary ground itself.
( 4 ). I have heard the learned counsel appearing for the parties on the aforesaid preliminary objection raised and I propose to dispose of the same by this common judgment and order.
( 5 ). The respondent is a Society and was registered under the Societies Registration Act on 18/8/1981. The aims and objects for which the aforesaid Society was established have been set out in the Memorandum of Association of the respondent. Some of the relevant aims and objects have been enumerated as follows:-
" (1) To study the interaction between international environment and national development, to achieve a deeper awareness of its impact on the country s economic development and social progress, and to promote an understanding of how it can be made more favourable; (2) To understand and interpret international and multinational efforts including those in the united Nations System to influence the course of the international economy and their effects on the development process; (5) To promote and conduct scientific research on socio-economic and politico-economic issues of concern to industrial and other entrepreneurs and corporate managers, especially in such areas affected by the impact of international forces on the national economy as: foreign trader foreign exchange, balance of payments, industrial collaboration, technology transfer, international negotiation, resource mobilisation and allocation, fiscal measures, tourism, banking, insurance and other services and international financial markets; (6) To improve linkages between researchers, professional managers, policy makers and negotiators , (7) To conduct research independently or jointly with other institutions (including institutions of higher learning) in international management of science and technology and research and development for industrial and commercial applications for accelerating the rate of economic development;
( 6 ). The Society has a General Body and the said General Body is composed of Founder members, life members, Ordinary members, Corporate members, institutional members, Donor members and Associate members. The mode of constitution of Board of governors is also set out in paragraph 7 of the memorandum of Association. The Board of Governors is to be elected and the General Body is to elect the Chairman and 13 other members of the Board of governors. According to the said provision, the board of Governors of the Council shall consist of 20 members, six of whom shall be co-opted members and the said Board of Governors is to hold office for a
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