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2005 (2) TMI 773 - SC - Indian LawsWhether the Board of Control for Cricket in India (Board) which is a cricket controlling authority in terms of the ICC Rules answers the description of "Other Authorities" within the meaning of Article 12 of the Constitution of India? Held that:- If Cricket Association of Bengal was considered to be a pure private body where was the occasion for this Court to say that 'if it fails to explore the most profitable avenue of telecasting the event whereby it would achieve the object of promoting and popularizing the sport, it may be accused of negligence and may be attributed improper motives?' Applying the tests laid down hereinbefore to the facts of the present case, the Board, in our considered opinion, said description. It discharges a public function. It has its duties towards the public. The public at large will look forward to the Board for selection of the best team to represent the country. It must manage its housekeeping in such a manner so as to fulfill the hopes and aspirations of millions. It has, thus, a duty to act fairly. It cannot act arbitrarily, whimsically or capriciously. Public interest is, thus, involved in the activities of the Board. It is, thus, a State actor. We, therefore, are of the opinion that law requires to be expanded in this field and it must be held that the Board answers the description of "Other Authorities" as contained in Article 12 of the Constitution of India and satisfies the requisite legal tests, as noticed hereinbefore. It would, therefore, be a 'State'. The writ petition under Article 32 of the Constitution of India is maintainable. It is ordered accordingly.
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