By the Court.—Heard Sri S.P. Shukla, learned Counsel for the petitioner and perused the record.

2. The petitioner has filed this petition under Article 226 of the Constitution of India challenging the orders dated 3.9.1983 and 19.7.1983 Annexures 5 and 11 to the writ petition issued by the Director, Giri Institute of Development Studies, Nirala Nagar, Lucknow (hereinafter referred as to the Institute) and has also sought a writ of mandamus commanding the respondent No. 2 to promote/regularise petitioner’s promotion with effect from 1.6.1983 giving him the prescribed scale and other pecuniary benefits on the post of Research/Technical Assistant.

3. A preliminary objection has been raised by the learned Counsel appearing for the respondents that the Institute is not a State within the meaning of Article 12 of the Constitution of India and the petitioner being an employee of private institution cannot avail remedy under Article 226 of the Constitution of India, therefore, the writ petition is not maintainable.

4. The learned Counsel for the petitioner drew our attention to the averments made in paras 4, 5 and 6 of the writ petition, in order to show that the institute is an other authority under Article 12 of the Constitution of India being an instrumentality of the State and therefore, the writ petition under Article 226 of the Constitution of India is maintainable.

5. From the record, it appears that the institute is a society registered under the Societies Registration Act, 1860 (hereinafter referred to as the Act). It is governed by the Memorandum of Association which shows that society was constituted with the aim and object to undertake, aid, promote and coordinate reserch and development, with special omphasis on the problems of India and her regions particularly the promotion and growth of the weak and/or poor sections of the people with a view to bringing about social equality and removing economic disparity; to provide academic and professional guidance to agencies, institutions and persons engaged in research and development; to provide, on request advisory and consultancy services to the Government of India, the State Governments, Universities, colleges and other educational Institutions and organisations in the business, industry or trade including organisations of Employees and Employers etc. The first members of the Board of Governors which were 11 in number included the Minister for Planning Government of India, Sri D.P. Dhar being Chairman; Chief Minister of U.P., Lucknow, (Ex-offcio Member); Head of Department of Economics (ex-officio), Lucknow University, Lucknow; Sri M.R. Sherwani; Dr. Malcolm S. Adiseshiah; Dr. Nagendra Singh; Sri Naval H. Tata; Sri S. Nilkanthan; Deputy Secretary to the President of India, Rashtrapati Bhavan New Delhi; and Vice-Chancellor (ex-officio), Lucknow University, Lucknow as Members, Sri R.S. Pandey, Managing Director, The Tata Iron & Steel Co. Ltd. as honorary Bursar and Dr. V.B. Singh, Department of Economics, Lucknow University, Lucknow as honorary Director. The institute is also governed by rules framed by it for its management which shows that the membership is open to any individual social scientist or society or corporate body or association generally in agreement with the aims and objects of the institute as set out in its Memorandum of Association. The authorities of the institute are the general body, the Board of Governors, Director, faculty and any other body that may be appointed by the Board of Governors, The general body of the institute consist of the members of the institute, members of the Board of Governors and members of the institute faculty. The constitution of Board of Governors and members of the institute faculty. The constitution of Board of Governors is provided in Rule 7 which reads as under :

“7 Board of Governors :

1. The Chairman

2. The Vice-Chairman.

3. Not more than two nominees of the Indian Council of Social Science Research.

4. Not more than two