AJAY HASIA ETC. versus KHALID MUJIB SEHRAVARDI & ORS. ETC.

Citation: [1981] 2 S.C.R. 79 · Decided: 13-11-1980 · Supreme Court of India · Bench: Y.V. CHANDRACHUD · Disposal: Dismissed
Cited by 46 judgment(s) · cites 6 · see the full citation network in Lexace
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

79 
AJAY RASIA ETC. 
A 
v. 
KHALID MUJIB SEHRA VARDI & ORS. ETC. 
November 13, 1980 
[Y. V. CHANDRACHUD, C.J., P. N. BHAGWATI, V. R. KRISHNA IYER, 
8 
s. MURTAZA FAZAL ALI AND A. D. KosHAL, JJ.] 
Adn1ission to Engineering College-Jammu & Kashmir Regional Engineer-
ing College, Srinagar, registered as a society under the Jam1nu & Kashmir 
Registration of Societies Act, 1898-Whether a "State" under Article 12 of the 
Constitution and amenable to writ jurisdiction. 
Viva voce test-Interview of each of thr candidates fa,Ning only two or 
three minutes asking formal questions relating to the candidates parentage and 
residence and without any relevance to the subject for which marks were allo-
c 
cated, whether arbitrary-Allocation of 113 of the total marks required for the 
qr1alifying examination for the viva 
voce-Whcther bad, unreasonable 
and 
arbitrary-Whether prescribing different admission procedures for candidates 
belonging to tlie State of Jammu & Kashmir and candidates belonging to other 
D 
States is violative of the Equality Clause under Article 14. 
Dismissing the writ petitions, the Court 
HELD: (!). Having regard to the Me.norandum of Association and the 
Rules of the Society, the respondent college is a State within the meaning of 
Article 12. The composition of the Society is dominated by the representatives 
appointed by the Central Government and the Governments of Jammu 
& 
Kashmir, Punjab, Rajasthan and Uttar Pradesh with the approval of the Central 
Government. The monies required for running the College are provided entirely 
by the Central Government and the Government of Jamrnu & Kashmir and 
even if any other monies are to be received by the Society, it can be done only 
v.ith the approval of the State and the Central Governments. The Rules to be 
made by the Society are also required to have the prior approval of the State 
and the Central Governments and the accounts of the Society have also to be 
submitted to both the Governments for their scrutiny and satisfaction. The 
Society is also to comply \vith all such directions as may be issued by the State 
Government with the approval of the Central Government in respect of any 
matters dealt with in the report of the Reviewing Committee. The control of 
the State and the Central Governments is indeed so deep and pervasive that no 
immovable property of the Society can be disposed of in any manner without 
the approval of both the Governments. 
The State and the Central Govern-
ments. have even the power to appoint any other person or persons 
to be 
members of the Society and any member of the Society otlier than a member 
representing the State or the Central Government can be removed from the 
membership of the Society by the State Government with the approve! of !he 
Central Government. 
The Board of Governors, which is incharge of general 
superintendence, direction and control of the affairs of the Society and of its 
income and property is ailso largely controlled by nominies of the State and the 
Central Governments. The State Government and by reason of the provision 
for epproval, the Central Government also thus have full control of the work-
-.,,,.--
_, - ·- -· 
>1&-:a~A••---a 
.. C .. 
IF .. 
l __ 
...... 
M~ 
E 
F 
G 
H 
A 
B 
c 
0 
E 
F 
G 
H 
so 
SUPREME COURT REPORTS 
[1981] 2 S.C.R. 
ing of the Society and therefore, the Society is merely a projection of the State 
and the Central Governments. The voice is that of the State and the Centro1 
Governments. 
The Society is an instrun1ent'ality or the agency of the State 
and the Central Governments and it is an "authority" within the meaning of 
Article 12. If the Society is, an "authority" and, therefore, the "State" within 
the meaning of Article 12, it must follow that it is subject to the constitutional 
obligation under Article 14. 
[99F-H, 100 K-FJ 
(2) The expressi0n "other authorities'\ in Article 12 must be 
given an 
interpretation where constitutional fundamentals vital to the maintenance of 
human rights are at stake, functional realism and not facial cosmetics must be 
the diagnostic tool, for constitutional law must seek the substance and not the 
form. 
The Government may act through the instrumentality 
or agency 
of 
juridical persons to carry out its functions, since, with the advent of the welfare 
State its new task have increased manifold. 
[90B-D] 
It is, undoubtedly, true that the corp0ration is a distinct juristic entity with 
a corporate structure of its o
Excerpt shown. Read the full judgment & AI analysis in Lexace.