The central legal point established in the judgment is the determination of whether an entity is considered State under Article 12 of the Constitution of India, based on control, funding, and public importance of functions.

( 1 ) THIS special appeal has been filed against the impugned judgment of the learned single Judge dated 6. 8. 2003 in Writ Petition No. 12776 of 1995.

( 2 ) WE have heard learned Counsel for the parties and have perused the record.

( 3 ) BEFORE dealing with the facts of the particular case of the respondent in this appeal (the writ petitioner) it is necessary to mention certain background facts. There exists a military establishment called Gorkha Recruitment Depot in District Gorakhpur. Besides the normal functions of carrying out Recruitment for the Indian Army, the aforesaid establishment is also engaged in various welfare measures and activities for servicemen and ex-servicemen. These welfare activities are undertaken without any financial support from the government of India or State Government. They are financed entirely by raising private funds, primarily from private contributions by the officers and men of various military establishments. The administration of these welfare activities is looked after by the officers of the establishments and their families on an ex-officio basis. The aforesaid welfare work does not form part of the official or statutory duty of the officers so engaged and hence they are entirely a private enterprise undertaken by the officers and staff of various military establishment. In such welfare activities the Government does not have any control, what to say of deep and pervasive control. Among these welfare activities are opening and running of educational institutions for the children of servicemen and ex-servicemen. Such schools had to be opened because of the transferable nature of the job of military personnel due to which their families often suffer for non-availability of good schools for their children. This created a sense of despondency and deprivation among the service personnel. Since no outside agency was equipped or willing to grapple with this problems, the leadership of the armed forces took the matter in their own hands and accordingly a number of educational institutions were set up in various military establishments. A pool of funds with private contributions from various military personnel were accordingly earmarked but there was no finding from the Government.

( 4 ) ONE such educational institution was established by the personnel of the Gorkha recruiting Depot, Kunraghat, Gorakhpur. This institution was funded exclusively from private contributions and private investments made by the personnel of the Gorkha recruiting Depot. The aforesaid school was not funded, financed or even subsidized by the government or any Government agency. The administration of the aforesaid school was taken care of by the personnel posted in the Gorkha Recruiting Depot. Kunraghat, gorakhpur on an ex-officio basis and such functions were not part of their official or statutory duties. This school, called GRD High School, Kunraghat, Gorakhpur, was intended to prove quality education to the wards of servicemen and ex-serviceman and also employment opportunities to the families of the aforesaid class of personnel. However, as a special arrangement due to the growing requirements some teachers were also recruited from the members of the public.

( 5 ) SINCE there was a problem of funding of these educational institutions a high level decision was taken in the hierarchy of military leadership to get up an Army Welfare education Society which was registered under the Societies Registration Act. The funds or the aforesaid society were generated by private contributions of service personnel, donations and investments. The society does not receive any funds from the Government. Another source of funds are the tuition fees, library fees, and examinations fees from the students. The various army schools are regulated by the bye-laws and rules of the society. The Station commander of a particular station of the army isex-officio Chairman of the concerned army school. Various military person