Markandeya Katju, C.J. .

1. This Letters Patent Appeal has been filed against the impugned judgment of the learned single Judge dated 5.10.2005 by which WP(C)17670/2005 has been dismissed. However, while dismissing the writ petition the learned single Judge has held that a writ petition is maintainable . against the Delhi University Teachers Association (for short "DUTA")

2. The writ petitioner, Mr. S.D. Siddiqui was one of the three unsuccessful candidates for the post of President of the DUTA in the elections held on 31.8.2005. He prayed for a writ of certiorari for calling for the records of the DUTA elections and for quashing of the election result in respect of the post of President. "

3. In our opinion, the writ petition ought to have been dismissed on the short ground that no writ petition lies against the DUTA as it is a private body and not "State" under Article 12 of the Constitution of India and is not performing any public functions.

4. As stated in para 3 of the writ petition the DUTA is an association of teachers working in the Delhi University as well as those working in the colleges affiliated to the Delhi University. There is no averment anywhere in the writ