AWHO is not an authority within the meaning of Article 12 of the Constitution and no writ can be maintained against it.

( 1 ) THIS batch of writ petitions under Article 226 of the Constitution of India challenge certain docisions made by the Army Welfare Housing Organisation. Director General of Army Welfare Housing Organisation and Adiutant General, Army Headquarters who is the Chairman of Army Welfare Housing Organisation. Chief of the Army Staff and Union of India have also been impleaded as respondents. The allegations are that they have violated the provisions of the Memorandum, Rules and Regulations of the orgamsation as well as bye-laws contained in the Master Brochure, 1979.

( 2 ). A preliminary objection is raised by Mr. K. S. Bindra, the learned counsel on behalf of the respondents about the maintainability of the writ petitions. The respondents contend that Army Welfare Housing Organisation (for short AWHO) is a welfare organisation registered under the Societies Act, XXI of 1860 having its head office at Kashmir House, Army Headquarters, New Delhi. AWHO being a voluntary organisation, its affairs are managed by. Board of Management of which the members are mostly nominated in the ex-officio capacity and hold their respective positions on account of their appointments and thus there is no State control at all. The general rules and regulations and the procedure to be followed and adopted by AWHO is laid down in the Memorandum and Articles of Association of AWHO and the Master Brochure published from time to time in the form of the supplementary rules. There is no share capital or any share holding by any of the members. The sole function of the society is to promote housing scheme as a welfare measure and thus no governmental function is involved. The contention is that AWHO is not anauthority within the meaning of article 12 of the Constittition and no writ can be maintained against it nor can any complaint be made that it has acted arbitrarily in the matter of enrolment of members, eligibility under long term scheme or short term schme or of granting priorities of allotments under the scheme.

( 3 ). In order to appreciate this objection, it is necessary to go into the creation of AWHO. A copy of the application from for registration of societies has been filed on the. record. It contains the Memorandum and Articles of Association of the Society. The name of the society is -Army Welfare Housing Organisation. The registered office of AWHO is to remain within the territoly of Delhi and at that time it was in Room Nos. 208, 209 and 211, 2nd Floor, South Block, Adjutant General s Branch, Army Headquarters, New Delhi. The Memorandum of Association in Clause 3 sets out the objects. The aims and objects of AWHO are (a) to promote Housing Scheme as welfare measures in the Army/ex-servicemen to provide cheap houses to them at places of their choice in India and to start pilot project in Delhi and its setlite town immediately; (b) to facilitate relief to the existing deficiencies of Government accommodation at various stations in the country and to provide suitable rehabilitation opportunities in the said category; (c) to offer accommodation at no profit/no loss basis, and (d) all the activities of the AWHO as mentioned above- from (a) to (c) are to be carried out without any profit nature. The income and property of the society whenever derived has to be applied solely towards the promotion of the objects of the association setforth in the Memorandum of Association and no proportion by way of dividend or bonus or objects of the association set-forth in the Memorandum of have been members of AWHO or to any of them or to any person claiming through them. Under Clause 4 the names and addresses, occupations and designation of the founding members of the Board of Management to whom management and affairs of AWHO are contemplated to be entrusted as required under Section 2 of the Societies Registration Act, 1860 as extended to the Union Territory of Delhi are stated. They are with respective names viz. Adjutant General as Chairman,