2002 (4) TMI 890 - SUPREME COURT

Whether Council for Scientific and Industrial Research (CSIR) is 'the State' within the meaning of Article 12 of the Constitution.

Whether a prayer seeking issuance of a mandamus or an order in the nature of mandamus could lie against a company incorporated under the Companies Act wherein the Central and the State Governments held respectively 56 and 32 per cent shares?

Held that:- Appeal dismissed. As on the material available, we have recorded a positive finding that CSIR is not a society "owned or controlled by Government". We cannot ignore that finding solely by relying on the contents of the notification wherein we find the user of relevant expression having been mechanically copied but factually unsupportable.

For the foregoing reasons, it is to be opined that Council for Scientific and Industrial Research (CSIR) is not the State within the meaning of Article 12 of the Constitution.