CHANDER MOHAN KHANNA versus NATIONAL COUNCIL OF EDUCATIONAL RESEARCH AND TRAINING AND ORS.

CHANDER MOHAN KHANNA versus NATIONAL COUNCIL OF EDUCATIONAL RESEARCH AND TRAINING AND ORS.

Having regard to NCERT's object, functions, activities, sources of funds, and primarily autonomous status, the institution does not meet the requirements to be considered 'State' under Article 12 of the Constitution. Government control is limited to proper utilization of grants, and NCERT operates largely autonomously. Financial assistance and some nexus with government alone are insufficient to hold it is 'State.'

Parties
Appellant: Chander Mohan Khanna; Respondents: National Council of Educational Research and Training and Ors.
Jurisdiction
India
Judgment Date
17 September 1991
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Order on Preliminary Objection
Outcome
Appeal dismissed
Legal Topics
Article 12 – Definition of 'state', Writ Jurisdiction Under Article 226, Autonomous Bodies and Government Control
Constitutional Law Article 12 – Definition of 'state' Writ Jurisdiction Under Article 226 Autonomous Bodies and Government Control

Case Brief

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Parties

Chander Mohan Khanna

Appellant

National Council of Educational Research and Training and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Order on Preliminary Objection

Legal Issues

  1. 1 Whether the National Council of Educational Research and Training (NCERT) is 'State' as defined under Article 12 of the Constitution

Ratio Decidendi

Having regard to NCERT's object, functions, activities, sources of funds, and primarily autonomous status, the institution does not meet the requirements to be considered 'State' under Article 12 of the Constitution. Government control is limited to proper utilization of grants, and NCERT operates largely autonomously. Financial assistance and some nexus with government alone are insufficient to hold it is 'State.'

Court Disposition

Appeal dismissed

Orders

  • No order as to costs.