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HIGH COURT OF GUJARAT
MR. JUSTICE BIREN VAISHNAV, ACJ, MR. JUSTICE HEMANT M. PRACHCHHAK, J
Himanshu Dineshchandra Parekh – Appellant
Versus
Institute For Plasma Research – Respondent
JUDGMENT :
(BIREN VAISHNAV, J.)
1 This appeal under Clause 15 of the Letters Patent has been filed by the appellant who was the original petitioner before the learned Single Judge. The learned Single Judge, by an oral judgement dated 08.08.2024, held that the petition filed by the petitioner is not maintainable against the respondent No.1-Institute as the Institute is not a “State” within the meaning of Article 12 of the Constitution of India.
1.1 Before the learned Single Judge, the petition was filed by the appellant challenging the order dated 29.09.2015 removing the appellant from services from the post of Engineer (S.C) as well as the order dated 21.12.2015 passed by the Director i.e. the Appellate Authority.
2 Mr.Shalin Mehta, learned Senior Counsel appearing with Ms.Aditi Raol, learned counsel for the appellant, made the following submissions:
2.1 Taking us through the Bye-laws of the Institute annexed to the memo of the appeal, Mr.Mehta, learned Senior Counsel, would submit that the threshold question to be decided in this appeal is whether the Institute of Plasma Research (I.P.R) is a “State” within the meaning of Article 12 of the Constitution of India . Taking us through the
A body is not considered a 'State' under Article 12 unless it is financially, functionally, and administratively dominated by the government, which was not established in this case.
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The Gem and Jewellery Export Promotion Council does not qualify as an 'instrumentality of the State' under Article 12 due to insufficient governmental control, reinforcing its autonomous status.
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