( 1 ) THE question referred to the Division Bench by a learned Single Judge of this Court is as to whether Army Welfare Housing Organisation (for short awho ) is a State within the meaning of Article 12 of the Constitution of India and is such is amenable to writ jurisdiction of High Court.

( 2 ). In order to appreciate this question we have looked into memorandum of article of association of the society as AWHO is a society registered under the Societies Act, 1860. The name of the society is Army Welfare Housing Organisation. The registered office of AWHO is to remain within the territory of Delhi and was located in room Nos. 208, 209 and 211, 2nd floor. South Block, Adjutant General Branch, Army Headquarters, New Delhi. The aims and objects of the AWHO are :

(A) To promote housing scheme as welfare measure in the army/ exservicemen to provide cheap houses to them at place of their choice in India and to stare pilot project in Delhi and its selected towns immediately;

(B) To facilitate relief to the existing deficienies of Government accommodation at various stations in the country and to provide suitable re-habilitation opportunities in the said category ;

(C) To