TMI Blog1991 (9) TMI 355X X X X Extracts X X X X X X X X Extracts X X X X ..... Court under Article 226 of the Constitution. The NCERT raised a preliminary objection as to the maintainability of the writ petition. The objection was that the NCERT is not amenable to the writ jurisdiction of the High Court as it is not an instrumentality or other authority within the meaning of Article 12 of the Constitution. The High Court has upheld the preliminary objection and dismissed the writ petition. The decision of the High Court has been challenged in this appeal. There are only general principles but not exhaustive test to determine whether a body is an instrumentality or agency of the Government. Even in general principles, there is no cut and dried formula which would provide correct division of bodies into those which a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the modern concept of Welfare State; independent institution, corporation and agency are generally subject to State control. The State control does not render such bodies as State under Article 12. The State control, however, vast and pervasive is not determinative. The financial contribution by the State is also not conclusive. The combination of State aid coupled with an unusual degree of control over the management and policies of the body, and rendering of an important public service being the obligatory functions of the State may largely point out that the body is State . If the Government operates behind a corporate veil, carrying out govern- mental activity and governmental functions of vital public importance, there may be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re and allied activities. Under clause 5 the income and property of the Council is to be applied towards the promotion of its objects and cannot be disposed of by way of dividends, bonus etc. But under this clause, the Council is free to apply the income and property towards its objectives in such manner as it may think fit. It is subject to the limitations placed by the Government of India in this regard only in respect of the expenditure of grants made by the Government. Under clause 6 the Government of India could review the work and progress of the Council and take appropriate action to give effect to the reports received on enquiries. In addition, the Government could at any time issue directions to the Council on important matters of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uncil from other sources. The object of the NCERT as seen from the above analysis is to assist and advise the Ministry of Education and Social Welfare in the implementation of the Governmental policies and major programmes in the field of education particularly school education. The NCERT undertakes several kinds of programmes and activities connected with the coordination of , research extension services and training, dissemination of improved educational techniques, collaboration in the educational programmes. It also undertakes preparation and publication of books, materials, periodicals and other literature. These activities are not wholly related to Government functions. The affairs of the NCERT are conducted by the Executive Comm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sation of training programmes in matters of parliamentary interest and importance and publication of a journal. The Court found that ICPS was born as a voluntary organisation. It found further that though the annual financial contribution from the State was substantial, it was entitled to receive aid from the public and in fact received contributions from other sources. Its objects were not governmental business. As regards the argument that the government exercised pervasive control over ICPS, the Court said: In a Welfare State ................. Governmental control is very pervasive and touch- es all aspects of social exist- ence ........... A broad picture of the matter has to be taken and a discerning mind has to be app ..... X X X X Extracts X X X X X X X X Extracts X X X X
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