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september 1991

Supreme Court of India · 1991-09-17

CHANDER MOHAN KHANNA vs NATIONAL COUNCIL OF EDUCATIONAL RESEARCH ANDTRAINING AND OR

Citation / case number
SC 1981/63729
Court
Supreme Court of India
Petitioner
CHANDER MOHAN KHANNA
Respondent
NATIONAL COUNCIL OF EDUCATIONAL RESEARCH ANDTRAINING AND OR
Author
K. SHETTY
Bench
K.J. SHETTY

Judgment text excerpt

The Supreme Court dismissed the appeal regarding the termination of services of an employee at the National Council of Educational Research and Training (NCERT), holding that NCERT does not qualify as 'State' under Article 12 of the Constitution. The Court emphasized that NCERT, being an autonomous body with its own Memorandum of Association and limited government control, does not meet the criteria for being classified as an instrumentality of the State. The judgment clarified that the presence of government funding and control does not automatically categorize an organization as 'State' under Article 12.

CHANDER MOHAN KHANNA vs NATIONAL COUNCIL OF EDUCATIONAL RESEARCH ANDTRAINING AND OR · Niyam