AIR 2005 SUPREME COURT 2677 ::2005 AIR SCW 2985
Supreme Court Of India
Hon'ble Judge(s): N. Santosh Hegde, S. N. Variava, B. P. Singh, H. K. Sema, Satya Brata Sinha , JJJ

(A) Constitution of India , Art.12, Art.32, Art.226— 'State' - Board of Control for Cricket in India - Is not financially, functionally or administratively dominated by Govt. nor it is under control of Govt. - Govt. only exercises limited control which is purely regulatory and not pervasive - Board is therefore not 'State' - Remedy under Art. 32 is not available against it - However aggrieved party can always seek remedy under ordinary course of law or by way of writ petition under Art. 226 Majority view (Per N. Santosh Hegde, J. for himself and on behalf of B. P. Singh, and H. K. Sema, JJ.) :-The Board of Control for Cricket in India is not financially, functionally or administratively dominated by the Govt. nor it is under the control of the Govt. The little control that Govt. may be said to have on the Board is not pervasive in nature. Such limited control is purely regulatory. Assuming that some of the functions do partake nature of public duties or State actions, they being in a very limited area of the activities of the Board would not fall within the parameters laid down by Supreme Court in (2002) 5 SCC 111 and that by itself would not suffice for bringing the board within the net of 'other authorities' for purpose of Art. 12. Pradeep Kumar Biswas v. Indian Institute of Chemical Biology (2002) 5 SCC 111, Foll.(Para 24 ....

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