Court dismisses petition challenging discriminatory letters as not violative of Article 14. CSIR not an Article 12 entity.

The Court dismissed the writ petition challenging two discriminatory letters as violative of Article 14. It was held that the Council of Scientific and Industrial Research did not qualify as an authority under Article 12 of the Constitution, as it lacked statutory character akin to government entities. Despite government connections, the Council was not considered a government department. Precedents such as Praga Tools Corporation and Hindustan Steel Ltd. were cited to support this conclusion. Each party was directed to bear their own costs. No separate judgment was issued.

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Issues involved: Petitioner challenging two letters as discriminatory and violative of Article 14, whether Council of Scientific and Industrial Research qualifies as an authority under Article 12 of the Constitution.

Judgment Summary:

Issue 1: Discriminatory Letters
The petitioner, a junior stenographer, sought to declare two letters discriminatory and violative of Article 14, claiming entitlement to the same advance increments as new incumbents. To challenge the circular under Article 14 and 16, it was crucial to establish the Council of Scientific and Industrial Research as an authority under Article 12 of the Constitution.

Issue 2: Council's Status as an Authority
The Council, a society registered under the Societies Registration Act, was argued to be an agency of the Government based on certain features. However, the Court found that the Council lacked a statutory character like other government entities such as the Oil and Natural Gas Commission. The presence of government-appointed members in the Governing Body did not transform the Council into a government department.

Precedents and Conclusion
Citing previous cases, the Court emphasized that entities like Praga Tools Corporation and Hindustan Steel Ltd., despite government connections, were not considered government departments. Similarly, the Council of Scientific and Industrial Research was deemed not to fall under the definition of an authority as per Article 12 of the Constitution. Consequently, the writ petition was dismissed, with each party bearing their own costs.

Separate Judgment: None.

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