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(1) Indira Gandhi National Centre for Arts (for short, referred to as IGNCA in the Deed of Declaration of the said body) floated tenders for supply and installation of "Integrated Document Imaging and Management System for Scanning and Search through - put and retrieval thereof as images on any desired index". Petitioner No. 1 and respondent No.3 herein submitted their respective bids for tender. The tender was awarded by IGNCA, respondent No.2 herein, to respondent No.3. Petitioner No. 1, a Pvt. Limited Company, through petitioner No.2, its Managing Director, filed the present writ petition under Article 226 of the Constitution, seeking a writ, order and direction in the nature of certiorari quashing the process of selection/acceptance of the bid of the 3rd respondent by respondent No.2 and communication of its acceptance to Respondent No.3, in relation to the said tender. Union of India, through the Secretary, Ministry of Human Resources Development, Department of Culture, was imploded as the first respondent on the plea that respondent No.2 is a body constituted under the Department of Culture under the Ministry of Human Resources Development and is an instrumentality of the State.

(2) Respondent No.2, IGNCA, raised a preliminary objection regarding the maintainability of the petition on the ground that it being not a State, was not amenable to the writ jurisdiction. In support, reliance was placed on an earlier Bench decision of this Court in Cwp No.1831/92, decided on 23 October 1992 (J.S. Tanwar v. Indira Gandhi National Centre for Arts & Anr) wherein the Court had upheld a similar objection raised by respondent No.2. The petitioners herein countered the preliminary objection raised. Reliance by them was placed on another Bench decision of this Court in the case of Kuldip Mehta v. Union of India, . The Bench, hearing the instant case (D.P.Wadhwa and Dr. M.K.Sharma, JJ) finding an apparent conflict in the two judgments, in particular taking note of the fact that the judgment in Cwp No.1831/92 was rendered in the case of the 2nd respondent itself and while observing that the present case may be covered by the decision in Kuldip Mehta's case, thought it appropriate to refer the case for the opinion of a larger Bench. This is how the matter is now before us.

(3) The question referred is as follows: "WHETHER the writ petition under Article 226 of the Constitution is maintainable against the second respondent in view of the averments made in the petition and even if it is held that second respondent is not a State?"

(4) The points for determination thus are:
1. Whether IGNCA, respondent No.2, is an instrumentality or agency of the State? and
2.If not, is the writ petition under Article 226 of the Constitution still maintainable?
(13) In the light of the above exposition and guidelines, we have to examine whether IGNCA, the 2nd respondent, falls within the ambit of "other authority".
(14) From the Deed of Declaration of IGNCA, it is clear that the Government of India, Ministry of Human Resource Development (Department of Arts) intended to and did set up Indira Gandhi National Centre for Arts, respondent No.2, vide Government of India Notification No.F.16-7/86-Arts, for undertaking a variety of programmes and activities to demonstrate the central role of arts in life which was an article of faith with the late Prime Minister Smt. Indira Gandhi. The Government decided to set up the body in the form of a Trust and nominated seven eminent persons, named in the notificaton, as the first Trustees to constitute the said Trust (the number was later revised during the year 1991-92 to 21, through subsequent notification by the Government of India) and to complete all required formalities for the purpose. In the Notification the Government also nominated Shri Rajiv Gandhi (since deceased), the first trustee as the President and Dr. (Mrs.) Kapila Vatsyayan as Member Secretary of the Trust. Pursuant thereto, as required, the Trustees got the Trust deed registered saying that whereas the Government of India had decided further to make an initial corpus grant to construct the building complex in an area of 10.10 hectares of land, described in the schedule, for permanently using the IGNCA office and activities, and whereas the Trustees agreed to take steps for establishment and registration of a perpetual Trust, it was declared that the corpus grant and other contributions by the Government and all other donations shall be held by the Trustees solely for the purpose of the Trust. The deed further sets out the aims and objects of the Trust, enjoins use of Trust funds solely for the purpose of the Trust (Article 4); setting up of component institutions (Article 6); and the provisions as to the number of Trustees - all to be nominated and vacancies to be filled in by the Government of India (Article 7); the first President of the. Trust to be appointed by the Government of India out of the Trustees, to remain in office for ten years - thereafter to be elected by the Trustees from amongst themselves (Article 8); the Member Secretary to be appointed by the Government of India on such terms, remuneration and conditions as the Government may decide (Article 9); the Trustees not to transfer the immovable property of the Trust without the prior approval of the Government of India (Article 12); the constitution of an Executive Committee of 5 to 7 members from out of the Trustees -the first Executive Committee to be notified by the Government of India in the notification aforesaid (Article 16); the powers and functions of the Executive Committee including framing of rules, regulations and bye-laws etc. (Article 17); the submission of annual report and accounts for approval and adoption by the Trustees and onward submission to Government of India (Article 19); the bar against amendment of the Trust deed except with the prior approval of the Government of India (Article 24); periodical review of the working of the IGNCA, its component divisions, institutions, units etc. by a review committee to be appointed by the President of India in his capacity as the Visitor 6t the IGNCA and its recommendations and suggestions as accepted by the Government of India in consultation with the Trustees to be binding on the Trust (Article 25); and further that in the event of dissolution of the Trust, all movable and immovable properties of the Trust to revert to the Government of India (Article 26).