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Issues involved: Whether the National Council of Educational Research and Training (NCERT) is "State" as defined under Article 12 of the Constitution.
Summary: The appellant, an employee of NCERT, challenged the termination of his services by moving the Delhi High Court under Article 226 of the Constitution. NCERT objected to the writ jurisdiction of the High Court, claiming it is not an instrumentality or authority under Article 12. The High Court upheld the objection, leading to the appeal. In determining if a body is an instrumentality or agency of the Government, factors such as powers, functions, finances, and control are considered. State assistance, share capital, monopoly status, and State control are indicative factors. However, Article 12 should not be broadly interpreted to include every autonomous body with a nexus to the Government. The NCERT, a registered society, assists the Ministry of Education in implementing educational policies. Its activities include research, training, and publication of educational materials. The Executive Committee, comprising government officials and educationists, manages its affairs. While the Government controls grant utilization, NCERT is largely autonomous. Comparisons were drawn to previous cases like ICPS and CSIR to determine if NCERT qualifies as "State" under Article 12. The Court found NCERT does not meet the criteria for being classified as "State" and dismissed the appeal, concurring with the High Court's decision. In conclusion, the appeal challenging NCERT's classification as "State" under Article 12 was dismissed, with no order as to costs.
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