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: -