Ajay Hasia v. Khalid Mujib

Citation: 1981 AIR 487

Bench: Chandrachud, Y.V. ((Cj), Bhagwati, P.N., Krishnaiyer, V.R., Fazalali, Syed Murtaza, Koshal, A.D.

Issue:

Whether the Regional Engineering College of Srinagar is “State” within the meaning of Article 12 of the Constitution?

Facts and Analysis:

The term State under Article 12 includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India

Marks secured by them at qualifying examination were much less than marks obtained by Petitioners. However, successful candidates succeeded in obtaining admission to college by virtue of very high marks obtained at viva examination. It was clear from chart submitted on behalf of Petitioners that marks awarded at interview was in inverse proportion to marks obtained by other candidates and also not commensurate with marks obtained in written test. This created a strong suspicion that Committee deliberately manipulated marks at viva examination with a view to favoring other candidates.

The respondents claim that the college is not an ‘authority’ within the scope of Article 12 of the Constitution. Hence the writ petition that the college acted arbitrarily in the matter of granting admissions and violated the equality clause of the Constitution cannot be maintained against it.

In the case of R.D Shetty vs. International Airport Authority of India and Ors. (1979) the Court pointed out that so far as India is concerned, the genesis of the emergence of corporations as instrumentalities or agencies of Government is to be found in the Government of India Resolution on Industrial Policy dated 6th April, 1948 where it was stated inter alia that “management of State enterprises will as a rule be through the medium of public corporation under the statutory control of the Central Government who will assume such powers as may be necessary to ensure this.”

Conclusion:

The court dismissed the Petition and held that a person shall be entitled for an admission as per qualification in each and every test held by authority in institute.

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