Judgment N.Pandey, J. 1. In this petition under Article 226 of the Constitution, the petitioner has prayed for quashing the advertisement dated 3-4-1997, published in a daily newspaper "Aaj" on behalf of the State Project Director, Bihar Education Project Council, inviting applications for appointment to the posts of Assistant Programme Officer, Resource Person and Assistant Resource Person on short-term contract/deputation basis and to command the respondents to apply the reservation policy of the State Government in favour of the candidates of Scheduled Castes, Scheduled Tribes and Backward Classes in terms of the Bihar Education of Vacancies in Post and Services (for S.C. S.T. and Other Backward Classes) Act, 1991, Bihar Act 3 of 1992, in short "Reservation Act", against such vacancies. I have heard the learned Advocates appearing for the parties. Therefore, with their consent this application is being disposed of at this stage. 2. Before coming to the rival contentions, it would be apt to notice that Bihar Education Project Council (Bihar Shiksha Pariyojana Parishad), in short "B.S.P.P.", is a society registered under the Societies Registration Act and is an autonomous body for implementation of the Primary Education Programme as outlined, approved and finalised by the International Development Association (I.D.A. /World Bank). It would appear from the bye-laws of the B.S.P.P. that I.D.A./World Bank and United Nation Children Education Fund (UNICEF) are granting 85 per cent of the total cost of the project. The balance 15 per cent is to be provided by the State Government. 3. From the materials on record, it would appear that the main grievance of the petitioners is that in absence of any provision for reservation of the Scheduled Castes, Scheduled Tribes and Backward Classes, as provided by the State Government, the impugned advertisement is illegal. Therefore, before averting to the rival submission of the parties, it would be proper to notice some of the relevant regulations of Service Regulations of Bihar Education Project Council. 4. As per Chapter III of the Service Regulations of the respondent-Council, there are three modes of recruitment of the employees, namely, (i) by direct recruitment, (ii) by deputation of an employee and (iii) on contract basis for specific period. Sub-clause (4) of Clause 6 of the Regulation provides that orders of the Government regarding reservation of vacancies for Scheduled Castes, Scheduled Tribes and Backward Classes shall apply to the posts, tiled up by direct recruitment, wherever applicable.
Sub-clause (4) of Clause 6 of the Regulation provides that orders of the Government regarding reservation of vacancies for Scheduled Castes, Scheduled Tribes and Backward Classes shall apply to the posts, tiled up by direct recruitment, wherever applicable. Thus, it would appear from the provisions, noticed above, that the Council has already taken a decision to apply the Governments, reservation policy in case of direct recruitment. 5. According to the respondents, in the present case, the advertisement was made exclusively for appointment on contract basis and deputation. Therefore, unless the Service Regulations framed by the Council provides or adopts the Governments reservation policy in such recruitments, it would not be open to the petitioners to question the validity of the advertisement on this ground. 6. Mr. Shahi, learned Counsel appearing for the petitioner contended these vacancies and appointment come within the preview of the definition of Establishment under Sec. 2 (g) of the Reservation Act, enacted in respect to reservation to the candidates of reserved categories. Therefore, in the terms of Sec. 3 of the said Act the respondent Council will have no option but to apply the reservation policy of the State against such vacancies as well. The word "Establishment" includes not only the departments and offices of the Government, but also the establishments of Statutory Corporation and Boards, etc. 7. In my view, having regard to the facts, noticed above, since the Bihar Education Project Council (B.S.P.P.) is a society registered under the Societies Registration Act and an autonomous and independent body, therefore, not a "State" within the meaning of Article 12 of the Constitution or an "Establishment" under Sec. 3 of the Reservation Act. 8. It has already been noticed that I.D.A./World Bank credit and UNICEF grants 85 per cent of the expenditure for implementation of the programme. The grant of the State Government is only 15 per cent. The work undertaken by the Council is also carried out for the implementation of the primary education programme as outlined and approved by the I.D.A. Therefore, to my mind, the clam of the petitioner for application of the Reservation Act of the State Government in absence of any adoption by the Council, is wholly misconceived. 9. For the reasons stated above, in my considered opinion, the question raised in this case has to be answered in negative. Accordingly, this application is dismissed, as devoid of any merit.