RADHEY SHYAM RAI Vs. STATE OF U P

JUDGEMENT

(1.) JAGDISH Bhalla, J. In Writ Petition No. 329 (SB) of 1996 and Writ Petition No. 246 (SB) of 1997, a Division Bench of this Court took the view that Ganna Kisan Sansthan is not a "state" within the meaning of Article 12 of the Constitution and hence writ under Article 226 of the Constitution for issuing writ in the nature of certiorari was not maintainable. When the present writ petition i. e. , Writ Petition No. 869 (SB) of 1998 came up for orders before another Bench, it showed its inability to agree with the view expressed in above mentioned writ petitions; in other words, the learned Division Bench was not in agreement with the decision taken by co-ordinate Division Bench in Writ Petition 329 (SB) of 1996 and as such, has referred the under-mentioned questions to the Hon'ble Chief Justice for Constituting a Full Bench for the consideration : " (1) Whether Uttar Pradesh Ganna Kisan Sansthan (for short `sansthan') is `state' under Article 12 of the Constitution of India? (2) Whether a writ for certiorari or an order in the nature of writ of certiorari is maintainable against "sansthan" under Article 226 of the Constitution of India"?

(2.) ACCORDINGLY, we are required to answer the aforesaid two questions framed by the Division Bench.

(3.) IN addition to above, the Government also constituted and reconstituted a Committee, consisting of the officers of the Government and other holders of the public offices, with the Cane Commissioner as its head to lay down or streamline curriculum of training courses, to be undertaken by Sansthan (Annexure-22 ). Further, by the Government Order dated 3rd November, 1976, copy whereof has been annexed with the Supplementary Counter- Affidavit, the three Training Centers (Shajahanpur, Muzaffarnagar and Gorakhpur), which were earlier run by Cane Development Department of the Government of U. P. were also transferred to the Management of Sansthan with the provision that the expenses were to be met from : (c) U. P. Sahkari Ganna Samiti Sangh; and (d) Sakkar Vishesh Nidhi.