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2015 (12) TMI 1856 - SUPREME COURTDeemed University - Judicial Review - amenability test based on the source of power - expression "any person or authority" used in Article 226 of the Constitution - HELD THAT:- It is clear from reading of the ratio decidendi of judgment in ZEE TELEFILMS LTD & ANR VERSUS UOI. & ORS [2005 (2) TMI 773 - SUPREME COURT] that firstly, it is held therein that the BCCI discharges public duties and secondly, an aggrieved party can, for this reason, seek a public law remedy against the BCCI under Article 226 of the Constitution of India. Firstly, respondent No. 1 is engaged in imparting education in higher studies to students at large. Secondly, it is discharging "public function" by way of imparting education. Thirdly, it is notified as a "Deemed University" by the Central Government under Section 3 of the UGC Act. Fourthly, being a “Deemed University”, all the provisions of the UGC Act are made applicable to respondent No. 1, which inter alia provides for effective discharge of the public function - namely education for the benefit of public. Fifthly, once respondent No. 1 is declared as “Deemed University" whose all functions and activities are governed by the UGC Act, alike other universities then it is an "authority" within the meaning of Article 12 of the Constitution. Lastly, once it is held to be an "authority" as provided in Article 12 then as a necessary consequence, it becomes amenable to writ jurisdiction of High Court under Article 226 of the Constitution. Appeal allowed.
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