| Sukhdev Singh v. Bhagatram, (1975) 1 S.C.C. 421 |
Distinction between statutory bodies and societies/companies; relevance to whether a body is an "authority" under Article 12. |
Used to support the proposition that societies and companies are not automatically "authorities" under Article 12 and that the nature of the body's creation matters in applying constitutional protections. |
| Sabhajit Tewary v. Union of India, (1975) 1 S.C.C. 485 |
Consideration of legal status of CSIR and whether registered societies may still be non-Government for Article 12 purposes. |
Relied upon to show that even bodies heavily financed and controlled by Government (like CSIR) were not necessarily part of Government or "authority" within Article 12; used analogously for I.C.A.R. |
| S.R. Tewari v. District Board, Agra, (1964) 3 S.C.R. 55 |
Rule that contracts of service generally cannot be specifically enforced; exceptions to that rule. |
Referred to when discussing the general non-enforceability of contractual terms of employment and the exceptions (including Article 311, industrial law, and where statutory body breaches mandatory statutory obligation). |
| Vidya Ram Misra v. Managing Committee, Shri Jai Narain College, (1972) 1 S.C.C. 623 |
Reaffirmation of limits on writ jurisdiction where the challenged body is not a statutory body and where obligations are not statutory. |
Applied to reject writs against non-statutory bodies for non-statutory/administrative obligations; supported the conclusion that writs could not be used to enforce administrative instructions. |
| Election Commission, India v. Saka Venkata Rao, (1953) S.C.R. 1144 |
Observation on the High Courts' comparative position in issuing writs (analogy to King's Bench). |
Quoted to explain the scope and principles governing writ issuance under Article 226. |
| T.C. Basappa v. T. Nagappa, (1955) 1 S.C.R. 250 |
Reaffirmation of English law principles on writs and their application in India. |
Used to support the proposition that High Courts/Supreme Court should adhere to broad principles regulating writ jurisdiction derived from English law traditions. |
| Md. Hanif v. The State of Assam, (1970) 2 S.C.R. 197 |
Characterisation of the jurisdiction under Article 226 as supervisory and public-law oriented. |
Used to emphasize Article 226 as a supervisory remedy against State/statutory authority breaches of legal rights. |
| Roshan Lal Tandon v. Union of India, AIR 1967 S.C. 1889 |
That legal rights of Government servants are largely matters of status rather than pure contract. |
Referred to distinguish the position of Dr. Gupta (who had a "shadow" Government lien) from his actual employment status under I.A.R.I/I.C.A.R. |
| Praga Tools Corporation v. C.A. Imanual, (1969) 3 S.C.R. 773 |
Mandamus requires a legal right and statutory duty; writs not competent against companies not created by statute nor discharging statutory public duties. |
Applied to hold that mandamus would not lie against I.C.A.R. where no statutory duty was shown to be contravened by it. |
| V.P. Malhotra v. State Bank of India, ILR (1974) 1 Delhi 660 |
Even where employer is a statutory authority, breach of mere administrative instructions not regulated by statute cannot be remedied by writ. |
Used to support the conclusion that administrative instructions/bye-laws alone do not create enforceable legal duties for Article 226 purposes. |
| R. v. Electricity Commissioners, (1924) 1 K.B. 171 |
Principle governing issuance of certiorari and prohibition against bodies exercising judicial or quasi-judicial functions. |
Quoted to explain that certiorari/prohibition issue only against bodies having legal authority and a duty to act judicially — not applicable to ICAR's staff-selection function. |
| P.D. Shamdasani v. Central Bank of India, Ltd., (1952) S.C.R. 391 |
Violation of rights by private individuals is not within Articles 19, 31 and 32; relevance to Article 226 scope. |
Used to underline that private actions are generally outside the protective ambit of Article 226 unless the body qualifies as an "authority". |
| R. v. Criminal Injuries Compensation Board, (1967) 2 Q.B. 864 (reported in the opinion as 2 G.B. 864) |
Illustration that an executive-created Board can be a servant of the Crown and perform public duties. |
Quotations used to discuss whether executive action can create bodies performing public duties; court held that creation of independent legal persons requires statute. |
| Amir-i-Jamia v. Dasharath Raj, ILR (1969) Delhi 202 |
Example of an intermediate case where a registered society became an "authority" because statutory notification (UGC Act) conferred university powers. |
Applied as a contrast: where statutory powers are conferred (even on a registered society), it may attract writ jurisdiction — not the situation of I.C.A.R. appointing staff. |
| Motilal v. Government of U.P., AIR 1951 Allahabad 257 (cited via Rai Sahib Ram Jawaya Kapur) |
Definition/explanation of executive power and matters within executive function. |
Used while analyzing whether executive resolutions could create an authority outside Government for Article 12 purposes; court concluded creation of independent legal persons requires statute. |
| Rai Sahib Ram Jawaya Kapur v. State of Punjab, (1955) 2 S.C.R. 225 |
On the nature of executive function and its scope. |
Quoted as part of the analysis that executive power cannot create independent legal entities outside the Government that would be authorities under Article 12 without statutory backing. |