1. - The Rajasthan State Sports Council by an advertisement dated 21.5.2008 notified for initiation of recruitment process for appointment on contract basis against 1500 vacancies of part-time Coaches/ Conveners for rural areas in various districts of the State of Rajasthan. The criteria for selection, beside the educational qualification is the achievements of aspirants in classified rural sports. As per the guidelines prescribed by the Council, classified rural games are Athletics, Kabaddi, Kho-Kho, Volleyball, Hockey, Archery, Tug of War, Wrestling and Weightlifting and also the two popular games of the area determined by the Collector of the district concerned. The game of Basketball is also included in the list of classified sports being declared as "State Sport" of the State. As per the scheduled appended to the guidelines for determining comparative merit of the candidates, the marks for participation in institutional sports meets shall be half to the marks for participation in the sports meets organised by the Sports Federation/Association.

2. The grievance of the petitioners who are trained in physical education is that the classification of the sports as rural games is arbitrary and irrational, the inclusion of certain games in the category of rural games as well as exclusion of certain games from the classified rural games is irrational, and the grant of less marks for participation in institutional sports meets is discriminatory.

3. As per the respondents, the classification of the rural sports is made by the Sports Authority of India Ltd. and by treating the same as reasonable in the State of Rajasthan, the Sports Council while making engagement of Coaches/Conveners on fixed honorarium in the villages having population of more than 4000-7000 people, accepted the classification. It is asserted that the classification of the sports is based on the recommendations of the experts with a view to systematise rural sports organisation. The less marks for participation in the institutional sports meets is also justified by the respondents being conducted at a lower spectra vis-a-vis the sports meets and tournaments conducted by the Sports Federations/Associations.

4. The amplitude of the issue involved in these petitions for writ is quite narrow , however, with few others an important objection is taken by the respondents about amenability of the Rajasthan State Sports Council under Article 226 of the Constitution of India alleging it not to be an instrumentality, agency or authority of the State for the Purpose of Part-III of the Constitution of India.

5. To meet the preliminary objection aforesaid, it is stated by counsel for the petitioners that the aims, objects and functions of the Rajasthan State Sports Council i.e. a society registered under the Societies Registration Act, 1958 are of public nature, the society is absolutely funded by the Government of Rajasthan having deep and pervasive administrative control of the State and as such is nothing but an instrumentality of the State.

6. Hon'ble Supreme Court in Pradeep Kumar Biswas v. Indian Institute of Chemical Biology , reported in (2002)5 SCC 111 , formulated the tests to determine a body as State within the Article 12 of the Constitution of India in following terms:-

"40.The picture that ultimately emerges is that the tests formulated in Ajay Hasia are not a rigid set of principles so that if a body falls within any one of them it must, ex hypothesi, be considered to be a State within the meaning of Article 12. The question in each case would be - whether in the light of the cumulative facts as established, the body is financially, functionally and administratively dominated by or under the control of the Government. Such control must be particular to the body in question and must be pervasive. If this is found then the body is a State within Article 12. On the other hand, when the control is merely regulatory whether under statute or otherwise, it would not