( 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