( 1 ) THE questions which require consideration in these petitions are : (1) Whether the respondent - gujarat Cancer and Research Institute is state within the meaning of Art. 12 of the Constitution of India? (2) If it is not a state, whether the termination of service of the - petitioner who was working on a part-time basis as a Head of Gynaecology department in the Institute and was also rendering service as a part-time professor in the Institute is legal? (3) Whether the respondent Institute is amenable to writ jurisdiction?

( 2 ) THE last two questions would require consideration of Sec. 51a of the Gujarat University Act (the Act for brief) which provides for termination of service by way of penalty and also termination simpliciter. It would also require consideration whether the appointment of the petitioner was for a temporary period or not. If the appointment of the petitioner is held to be for a temporary period, then sub-sec. (2) of Sec. 51a of the Act would not be applicable.

( 3 ) FOR deciding the aforesaid questions, it would be necessary to refer to the facts pertaining to this matter. It is admitted that the petitioner was appointed for the first time as a part-time Gynaecologist on the fixed remuneration of Rs. 500. 00 per month for the period upto 28/02/1971 by the order dated llth February, 1970 passed by the State of Gujarat for the M. P. Shah Cancer Hospital, Ahmedabad. By the order dated 5/05/1972 the respondent, i. e. , Gujarat Cancer and Research Institute ahmedabad, appointed the petitioner as a Full-time Assistant Professor (Gynaecology Surgeon) on a temporary basis for a period not exceeding one year in the first instance. The petitioner continued to hold the said post upto 1984. The Governing Board of respondent No. 1 decided to adopt policy of appointing part-time Professor in respect of medical personnel of the level of the Assistant Professor and above who have completed 10 years of service after post-graduate qualifications on certain terms and conditions and option was given to the petitioner to state whether he was willing to opt for the part-time appointment or not. By the letter dated 7/02/1984 the petitioner informed the Institute to become part-time Professor with effect from 29/02/1984. By the order dated 14/02/1984 the petitioner was appointed as a part-time Professor and Head of Gynaecology Department with effect from 29/02/1984 on the following terms and conditions :"1. (a) You will be appointed on contractual basis for the period of three years in the first instance with the proviso that you will be discontinued by giving three months notice on either side in case you desire to leave the Institute or vice-versa the Institute considers it not desirable to retain your service in the middle of the contractual tenure. No notice of termination shall be needed on either side on completion of the contract of three years. (b) That further continuation to the above contract shall be given on your satisfactory performance at this Institute, and (e) That the continuation of the contract shall be at the final discretion of the director of the Gujarat Cancer and Research Institute, Ahmedabad. 2. You will be paid Rs. 500. 00 p. m. as part-time remuneration and no pay and allowances of any kind shall be made admissible to you. 3. You will not be entitled to any kind of leave except casual leave which will be 12 per year only. 4. No private practice of any kind at Hospital premises shall be permitted and in case you are found doing so you will be seriously dealt with. 5. (a) xxx xxx xxx (b) xxx xxx xxx (c) xxx xxx xxx (d) xxx xxx xxx 6. Rules regarding terms and conditions shall be subject to the addition and/or alteration by the Governing Board from time to time which shall be considered final. "

( 4 ) BY the order dated 6/02/1986 the petitioner was suspended from service for a period of six weeks beginning from 7/02/1986 to 20th march, 1986 (both days inclusive) on the basis of the recomm