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Krishan Kumar vs Union Of India (Uoi) And Ors. on 21 March, 2000

14. To the same effect is another judgment dated September 18,1995 of this Court in Civil Writ Petition No. 815 of 1995 entitled Shri Y.L. Ahuja v. Institute of Applied Manpower and Research and Others. Following the aforesaid judgments, one can easily come to the conclusion that EAN-INDIA is not a State, agency or instrumentality of the State under Article 12 of the Constitution of India. Infact, it is playing the role of catalyst for managing the system of identification and communication for products and services based on internationally accepted and business led standards. There is no control and supervision of Government of India in the affairs of EAN-INDIA. There is no participation of the Government. Infact in the counter affidavit it is mentioned that even the grant-in-aid is provided by the Government for specific purposes and the same has on an average gradually decreased over a period of time. In the counter affidavit filed on behalf of Union of India also, it is mentioned that EAN-INDIA is not covered by Article 12 of the Constitution and following portion of the sale counter affidavit would be worth quoting: -
Delhi High Court Cites 11 - Cited by 0 - A K Sikri - Full Document

R. Gopinath vs Union Of India And Ors. on 17 April, 2001

In the decision in Shri Y.L. Ahuja (supra), the Institute raised funds by issuing appeals for money and from gifts, donations, subscriptions or otherwise and also includes fees charged from training programmes and from consultancy advice services rendered by it and also by Government grants. The Society is also fee to apply its income and property towards the activities of the Institute in its own way except to the extent that Government control may be only to the extent that Government grants are properly utilised subject to the limitation as may be imposed by it. The Governing Body of the Institute comprises of government employees from various Ministries as well as representatives of various organizations, autonomous, public and private establishments and the affairs of the Institute are managed by an Executive Committee comprising of governments servants as well as representatives of public and private organizations. The Institute is not shown to have its origin from any government department and it is an autonomous body. In the said context it was held that its position and status is similar to that of National Council of Educational Research and Training.
Delhi High Court Cites 6 - Cited by 0 - M Sharma - Full Document
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