TMI Blog2009 (3) TMI 1057X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Government of Uttar Pradesh. Management of the said training centers was transferred to the Sansthan. The expenses thereof were to be met from U.P. Sahkari Ganna Samiti Sangh and Sakkar Vishesh Nidhi. 4. Respondent was appointed in the post of Computer Officer/Data Processing Officer. The Governing Council of the Sansthan in its meeting held on 28.04.1997 resolved to abolish the posts created and to cancel the appointments made, pursuant whereto the services of the respondent were dispensed with by an order dated 17.05.1997. Feeling aggrieved by the said order dated 17.05.1997, he filed a writ petition before the Lucknow Bench of the High Court of Judicature at Allahabad being Writ Petition No. 869 of 1998 wherein one of the issues raised was whether the Sansthan is a State within the meaning of Article 12 of the Constitution of India. 5. The writ petition filed by the respondent came up for consideration before a Division Bench of the High Court. It noticed an earlier decision of another Division Bench of the said Court wherein it was opined that the appellant No. 2 is not a State within the meaning of Article 12 of the Constitution of India. However, a differen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as (supra), the following tests for the purpose of determining the nature of activities which would make the body come within the definition of State have been laid down by a Seven-Judge Bench of this Court: (i) Formation of the body (ii) Objects and functions (iii) Management and control (iv) Financial aid, etc. The dicta of Mathew, J. in Sukhdev Singh v. Bhagatram Sardar Singh Raghuvanshi [(1975) 1 SCC 421] was quoted with approval in Pradeep Kumar Biswas (supra), which is in the following terms: 17. For identifying such an agency or instrumentality he propounded four indicia: (1) A finding of the State financial support plus an unusual degree of control over the management and policies might lead one to characterize an operation as State action. (SCC p. 454, para 96) (2) Another factor which might be considered is whether the operation is an important public function. (SCC p. 454, para 97) (3) The combination of State aid and the furnishing of an important public service may result in a conclusion that the operation should be classified as a State agency. If a given function is of such public importance and so closely related to governme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thesi, be considered to be a State within the meaning of Article 12. The question in each case would be - whether in the light of the cumulative facts as established, the body is financially, functionally and administratively dominated by or under the control of the Government. Such control must be particular to the body in question and must be pervasive. If this is found then the body is a State within Article 12. On the other hand, when the control is merely regulatory whether under statute or otherwise, it would not serve to make the body a State. 10. In Virendra Kumar Srivastava v. U.P. Rajya Karmachari Kalyan Nigam and Another [(2005) 1 SCC 149], this Court held the respondent therein to be a State within the meaning of Article 12 of the Constitution of India, applying the tests of administrative control, financial control and functional control. 11. The question as to whether the Board of Control for Cricket in India (BCCI) which is a private body but had a control over the sport of cricket in India is a State within the meaning of Article 12 of the Constitution of India came up for consideration before a Constitution Bench of this Court in Zee Telefilms Ltd. and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld be maintainable. 12. Keeping in view the aforementioned principles, we may consider the fact of the present matter. For the purpose of determining the question as to whether a society registered under the Societies Registration Act would be a State within the meaning of Article 12 of the Constitution of India or not, the history of its constitution plays an important role. [ P .K. R amachandra Iyer (supra)] The functions which are being performed by the Sansthan were used to be performed by the Government directly. The main purpose and object for which the training institutes were established at different places in the State of Uttar Pradesh admittedly was to provide scientific ways of sugarcane cultivation and management so as to improve the production of cane with a view to achieve better production of sugar. Such a function indisputably is a State function. The State established the Sansthan so as to take over its own functions. It even transferred the entire management relating to imparting of training in various institutes in its favour. All the assets held by it for the aforementioned purpose including the infrastructural facilities stood transferred in favour o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unt Officer of Sansthan, to be taken on deputation from amongst, servants of the State Government. He shall be responsible for maintenance of the accounts etc. (Rule 32). (IX) The Governor of Uttar Pradesh may from time to issue directives to the society as to the exercise and performance of its functions in matters involving the security of the State or substantial public interest and such other directives as he considers necessary in regard to the finances and conduct of business and affairs of the society and in the like manner may vary and annual any such directives and the society shall give immediate effect to the directives so issued (Rule -41(a)). (X) The Governor of Uttar Pradesh may call for such returns, accounts and other information with respect to the properties and activities of the society as may be required by him from time to time (Rule -41(b)). 13. The Government had constituted and re-constituted a Committee consisting of officers of the Government and other holders of the public office with the Cane Commissioner to streamline curriculum of training courses to be undertaken by it. The provisions of the Uttar Pradesh Sugar Cane (Purchase Tax) Act, 1961 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
