(1.) The cleavage of opinions between the two sets of perspectives on the issue as to whether a 'Goa State Cooperative Bank' is a 'State' within the meaning of Article 12 and whether the said Bank is discharging any public function, so as to render it amenable to the writ jurisdiction of this Court under Article 226 is the issue placed for consideration of this Full Bench.
(2.) In view of the aforesaid conflicting decisions, the Division Bench( Justice M. S. Sonak and Justice Bharati Dangre, JJ.) of this Court while dealing with Writ Petition no.92/2021, Vassudev Madkaikar & Others vs. State of Goa & Others deemed it appropriate to resolve the said contentious issues, as such issues recur in various matters, relating not only to the GSCB but also other Cooperative banks in the State of Goa and referred the matter for a decision by a Larger Bench. In terms of the said reference, the Hon'ble The Chief Justice was pleased to constitute the Larger Bench in terms of Chapter I, Rule 8 of the Bombay High Court Appellate Side Rules.
(3.) The question for our consideration, in light of the reference order can be precisely and accurately framed as under: