JUDGMENT

S.B. Sinha, J. —

1. Leave granted.

2. The short question which arises for consideration herein is as to whether the Uttar Pradesh Ganna Kishan Sansthan (for short “the Sansthan”), a society registered under the Societies Registration Act is a ‘State’ within the meaning of Article 12 of the Constitution of India.

3. Indisputably, before constituting the Sansthan, its functions, viz., imparting of knowledge and training to the cane-growers and connected persons so as to effect increase in the production of sugar in the State was being performed by the Cane Development Department. The Sansthan was established by a Government Order dated 4.08.1975. The State had established training centers at Shahjahanpur, Muzaffarnagar and Gorakhpur. These training centers, as noticed hereinbefore, were being run by the Cane Development Department of 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 he