Manohar Parrikar Institute for Defence Studies is 'State' under Article 12: Delhi High Court

The Delhi High Court recently held that Manohar Parrikar Institute for Defence Studies and Analyses (MPIDSA) is an instrumentality of State and can be subjected to the writ jurisdiction of the High Court [Shri Mukesh Kumar Jha and Ors v Manohar Parrikar Institute for Defence Studies and Analyses]. .According to its website, MPIDSA is a think tank for "advanced research in international relations, especially defence, strategic and security issues" and it provides training to "civilian, military and paramilitary officers of the Indian government.".In a detailed judgement passed on April 16, Justice Chandra Dhari Singh ruled that the Ministry of Defence has overarching control over the finances, recruitment and functioning of the institute which makes it evident the government has “deep and pervasive control" over the institute. “The presence of majority of the members in the EC [Executive Council] from the Government is testament to the fact that the decisions taken by the EC are not independent of the Government control. Furthermore, it is also an undisputed fact that the respondent Institute undertakes research only for the Government and not any other private agencies,” the Court said.It observed that the appointment of Director General DG) of the institute has been entrusted to the Appointments Committee of the Cabinet (ACC) and this can only be construed as an important administrative function having been vested with the government.“Furthermore, the decisions regarding appointments, promotion and deputation of the services of the Government officials in the respondent Institute also happen through the official Gazettes of the Ministry of Defence, therefore, this Court is of the view that the Government has deep and pervasive control over the administration as well,” the judgment said. .The Court rejected the contention that merely because the institute functions separately from the Ministry of Defence does not mean that the institution itself is independent of government control.It also noted that the government’s control over the institution is also evident from the fact that it was renamed from Institute for Defence and Analysis (IDSA) to MPIDSA immediately after the Ministry of Defence issued a press release..Justice Singh made the observation while dealing with a batch of petitions filed by the administrative and technical staff who were employed with the institute between the years 1998 to 2010 and who had completed at least 10 years of service.In 2021, they served a legal notice on the institute seeking regularisation of their services but the respondent-institute did not reply to the same.The staff then approached the High Court.The institute raised objections on the maintainability of the writ petitions before the Court and argued that it is not an instrumentality of State within the meaning of Article 12 of the Constitution of India..The Court considered the case and rejected the contention.It then directed the institute to file its reply to the plea within four weeks and said that the case will be heard on merits on September 3, 2024..Senior Advocate Sanjoy Ghosh along with advocates Fidel Sebastian and Rohan appeared for the petitioners.The Manohar Parrikar Institute for Defence Studies and Analyses was represented by Senior Advocate Raj Shekhar Rao and advocate Gautam Puri..[Read Judgment]