IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 1234 of 2025 ----- Dr. Dinesh Kumar, S/o Maniram Ravidas, R/o Sarla Birla University Campus, P.O. Mahilong, P.S. Tatisilwai, District Ranchi (Jharkhand) ------ Petitioner(s) Versus 1.The Union of India, Ministry of Health and family Welfare, through its Director, at Nirman Bhavan, Moulana Azad Road, Raj Path Area, P.O. & P.S. Central Secretariat, District New Delhi 2.Secretary, DHR & Director General, Indian Council of Medical Research, at Ansari Nagar, District New Delhi 3.State of Jharkhand, Department of Health, Medical Education and Family Welfare through its Secretary, at Project Bhawan, Dhurwa, Ranchi 4.ICMR- Regional Medical Research Centre, through its Director, at Chandrashekharpur, P.O & P.S. Chandrashekharpur, District Bhubaneshwar (Odisha) 5.M/s Z Plus Surakhya Seva through Managing Director, at Plot No.459(P), 3rd Floor, Sai Royal Exotica, Nayapali, Nuasahi, Bhubaneshwar 6.Managing Partner, M/s Z Plus Surakhya Seva, at Plot No.459(P), 3rd Floor, Sai Royal Exotica, Nayapati, Nuasahi, P.O. P.S. and District Bhubaneshwar (Odisha). 7.Dr. Tanveer Rehman, NodelOfficer, MRHRU, Namkum, Ranchi 8.Dr. Ritik Agarwal, S/o Madan Lal Agarwal, R/o Santosh Niwas, Bhagabati Colony, Near Bhagabati Saw Mill, Bhaina Chaka Jatni, Bhubaneswar, Bhubaneswar (Odisha) ------ Respondent(s) …… CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Bhaiya V. Kumar, Advocate For the Resp-State : Ms. Rishi Bharti, AC to AAG-III For the Resp-UOI : Mr. Anil Kumar, ASGI Mr. Abhijeet Kr. Singh, CGC …...... 04 / 11.03.2025: Heard, learned counsel for the petitioner, learned counsel for the State and learned counsel for the respondent-UOI. 2. Petitioner has challenged the letter dated 16.01.2025 as contained in Ref:- No.ZP/RMRCBB/TER/M-Ranchi/01/25 issued by M/s Z Plus Surakhya Seva by which the service of the petitioner has been terminated. 3. Admitted case is that vide memorandum of an agreement between the Government of Jharkhand, Department of Health, Medical Education and Family Welfare and Government of India, Ministry of Health and Family Welfare, Department of Health Research along with Indian Council of Medical Research, it was decided to formulate a scheme to establish Model Rural Health Research Units. One of such Model Rural Health Research Units was set up in Namkum, Ranchi. All the manpower to run the said Units is to be suppled through outsourcing agency i.e. the reason one M/s Z Plus Surakhya Seva was allotted the job to supply work force. The said M/s Z Plus Surakhya Seva appointed this petitioner as Project Scientist-C (Non-Medical). Appointment letter to the petitioner was issued by M/s Z Plus Surakhya Seva. The said appointment letter is at Annexure-4/1. Now by the impugned letter, the said M/s Z Plus Surakhya Seva has terminated the service of the petitioner. 4. From the appointment letter issued to the petitioner which is dated 25.11.2023, it is clear that the same was issued by M/s Z Plus Surakhya Seva to the petitioner. Though the petitioner was supposed to work in the said scheme, but from the appointment letter, it is clear that the employer of the petitioner was M/s Z Plus Surakhya Seva and not any department/authority of the State or Government of India. 5. This M/s Z Plus Surakhya Seva is not an authority or instrumentality of State within the meaning “State” under Article 12 of the Constitution. Further, there was no privity of contract with any of the Department of the State and the petitioner. The Appointing Authority and Disciplinary Authority, so far as petitioner is concerned is M/s Z Plus Surakhya Seva, which is not an Authority under Article 12 of the Constitution. 6. Since M/s Z Plus Surakhya Seva is not an instrumentality of the State under Article 12 of the Constitution, no Writ under Article 226 of the Constitution will lie against it. Thus, this writ application is not maintainable and accordingly, the same is hereby dismissed. Petitioner is at liberty to approach an appropriate forum to challenge the order of dismissal. (ANANDA SEN, J.) R.S.