2025:UHC:3163-DB HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE JUSTICE SRI MANOJ KUMAR TIWARI AND HON’BLE JUSTICE SRI ASHISH NAITHANI Writ Petition (S/B) No. 489 of 2021 Alok Sharma -Petitioner Versus Birla Institute of Applied Sciences and others --Respondents -------------------------------------------------------------------- Presence:- Mr. I.P. Gairola, Advocate for the petitioner Mr. B.D. Upadhyay, Senior Advocate assisted for respondent No. 1. Mr. Bhupesh Kandpal, Advocate for respondent No. 2. Mr. Yogesh Pacholia, Advocate for respondent No. 3 -------------------------------------------------------------------- The Court made the following: JUDGMENT: (per Hon’ble Justice Sri Manoj Kumar Tiwari) 1. Petitioner was serving as Assistant Professor in Birla Institute of Applied Sciences, Bhimtal, Nainital. According to him, he was entitled to continue in service up to the age of 65 years as per the norms, fixed by All India Council of Technical Education (AICTE). However, he was made to retire at the age of 60 years. 2. In this writ petition, petitioner has challenged Resolution dated 30.11.2016, passed by Board of Governors and also subsequent letters, issued on 13.09.2021 and 15.09.2021. Learned Senior Counsel for the respondent/Institute, however, submits that the Institute is a private body, which is not receiving any financial aid from Central or State Government. 3. He further submits that there is no administrative or financial control over the affairs of the Institute by the Central or State Government, therefore, writ 1 2025:UHC:3163-DB petition is not maintainable in view of the parameters laid down by Hon’ble Supreme Court in the case of Pradeep Kumar Biswas Vs. Indian Institute of Chemical Biology and others, reported in (2002) 5 SCC 111. 4. This Court finds substance in the said submission. Since Birla Institute of Applied Sciences do not qualify to be “State” under Article 12 of the Constitution of India, therefore, the writ petition is not maintainable. 5. Learned counsel for the petitioner submits that gratuity due to the petitioner has not been released and his one month salary has also been withheld by the Institute. 6. We, accordingly, dispose of the writ petition, directing the competent authority in the Birla Institute of Applied Sciences to release withheld salary and also unpaid amount of gratuity, if already not paid, within two months from date of production of certified copy of this order. _______________________________ MANOJ KUMAR TIWARI, J. __________________________ ASHISH NAITHANI, J. Dt: 28th April, 2025 Mahinder 2