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 othe