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TMI Blog2025 (1) TMI 1315X X X X Extracts X X X X X X X X Extracts X X X X ..... ld that 'The function performed by the Gjepc cannot be termed as "public duty" and any administrative or financial hold that the Central Government is deemed to have over Gjepc is far from pervasive. The Gjepc retains its autonomous character and it is the CoA which not only looks after the affairs of the Gjepc, but is also empowered to make rules and regulations with regard to conditions of service, appointment, elections, etc. Gjepc does not satisfy any of the requirements or tests laid down by various judgments of the Supreme Court for establishing whether or not an authority can be deemed to be a "State" under Article 12.' Conclusion - The functions of CHEMEXCIL are admittedly analogous to the functions of GJEPC, albeit in a di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it. A similar objection was raised in the second writ petition, recorded in the very first order dated 13.01.2025. 3. I have heard Mr. Vivek Kumar Tandon and Mr. Aayush Agarwala, learned counsel, who appear on behalf of the petitioner in the two writ petitions, and Mr. Sanjoy Ghose, learned Senior Counsel for CHEMEXCIL, on this preliminary point. 4. Mr. Ghose submits that the question has been decided by a Division Bench of this Court in Dr. Jitarani Udgata vs. Union of India and Another (2022) SCC OnLine Del 3449. The aforesaid judgment concerns a writ petition filed by the petitioner therein against the Gems and Jewellery Export Promotion Council ["GJEPC"]. The Division Bench upheld a judgment of the learned Single Judge dated 09.07.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Division Bench was alive to the nature of the functions exercised by GJEPC and came to the conclusion that the writ was nonetheless rightly dismissed: "30. A perusal of the aforementioned judgments bring to the fore that the liberal interpretation that has been given to "State" and "other authorities" under Article 12 has been circumscribed over the years to include only those authorities that can explicitly be deemed to be under the control of the State and performs a public duty or State function. The control that must be exercised by the State over the authority should be pervasive in nature to the extent that the authority should have limited autonomy. These are the broad guidelines that must be borne in mind when venturing into the q ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Court has noted that while it is not easy to define what a public function or public duty is, it can reasonably be said that such functions are similar to or closely related to those performable by the Sate in its sovereign capacity (Refer to G. Bassi Reddy v. International Crops Research Institute [G. Bassi Reddy v. International Crops Research Institute, (2003) 4 SCC 225] , and Ramakrishna Mission v. Kago Kunya [Ramakrishna Mission v. Kago Kunya, (2019) 16 SCC 303] ). This Court is of the view that the function of Gjepc does not pass the "public function" test and that it cannot be said to be performing any duty that is similar to that performed by the State in its sovereign capacity. xxxx xxxx xxxx 37. Consequently, a deep dive in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rudani, (1989) 2 SCC 691] that even if the body in question is private in nature, a writ of mandamus would lie if the petitioner has no alternative efficacious remedy, also does not come to the aid of the petitioner for the simple reason that the authority therein was an educational institution performing a public duty. The Supreme Court had, thus, held that the service conditions of the academic staff would not be of a purely private character, and mandamus could not be refused. This case is distinguishable from the instant case as the dispute herein is solely of a private nature and the authority in question is wholly private and autonomous, without the backing of a statute or performing any public duties." [Emphasis supplied] 9. The fu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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