Avik Mukherjee vs Union Of India & Ors
2022 Latest Caselaw 2724 Cal

10.05.2022           IN THE HIGH COURT AT CALCUTTA
 Sl. No.4           CONSTITUTIONAL WRIT JURISDICTION
   (PP)                   APPELLATE SIDE

                            WPA 4339 of 2022

                             Avik Mukherjee
                                  Vs.
                            Union of India & Ors.

                   Mr. Kallol Basu,
                   Mr. Suman Basu
                                             ....for the petitioner.
                   Mr. Niladri Saha
                                            .....for Union of India.

                   Mr. Arijit Bakshi
                                  .....for the respondent nos.2 & 3.

Mr. Subhasish Dey, Mr. Chiranjib Sinha, Ms. Anwasha Halder ....for the respondent nos.4, 5 & 6.

The petitioner has relied upon the Memorandum

and Articles of Association of the Company, Creative

Museum Designers of which the petitioner was an

employee. By relying upon the various clauses

contained in the Memorandum and Articles of

Association, the petitioner tries to demonstrate that

the purpose for which the company was formed, the

pervasive, financial and administrative control of

National Council of Science Museums, which is an

autonomous body under the Ministry of Culture,

Government of India, makes the said company an

authority under Article 12 of the Constitution of India

thereby amenable to writ jurisdiction. The petitioner

has also relied upon a judgment reported in (2013) 8

SCC 345 to establish that a writ petition in the facts

of his case is maintainable.

Let this matter appear on 14th June, 2022 under

the heading "For Orders".

(Arindam Mukherjee, J.)