The main legal point established in the judgment is the interpretation of Article 12 of the Constitution and the determination of whether an entity falls within its purview, as well as the applicability of the writ jurisdiction under Article 226 of the Constitution.

In Writ Petition No. 329 (SB) of 1996 and Writ Petition No. 246 (SB) of 1997, a Division Bench of this Court took the view that Ganna Kisan Sansthan is not a "state" within the meaning of Article 12 of the Constitution and hence writ under Article 226 of the Constitution for issuing writ in the nature of certiorari was not maintainable. When the present writ petition i. e. , Writ Petition No. 869 (SB) of 1998 came up for orders before another Bench, it showed its inability to agree with the view expressed in above mentioned writ petitions; in other words, the learned Division Bench was not in agreement with

the decision taken by co-ordinate Division Bench in Writ Petition 329 (SB) of 1996 and as such, has referred the under-mentioned questions to the Honble Chief Justice for Constituting a Full Bench for the consideration :

" (1) Whether Uttar Pradesh Ganna Kisan Sansthan (for short `sansthan) is `state under Article 12 of the Constitution of India?

(2) Whether a writ for certiorari or an order in the nature of writ of certiorari is maintainable against "sansthan" under Article 226 of the Constitution of India"?

2. Accordingly, we are required to answer the aforesaid two questions framed by the Division Bench.

3. In short, the facts of the case are that prior to establishment of U. P. Ganna Kisan Sansthan, the Cane Department was imparting training to the Government Officers and the cane- growers. The State Government in order to increase the production of Sugar in the State came to the conclusion that to achieve this target it is necessary to impart knowledge/training to the cane- growers and connected persons. The Government, therefore, took a policy decision of establishing U. P. Ganna Kisan Sansthan by Government Order dated 17th May, 1975. By another Government Order dated 3rd November, 1976 (SCA-III) addressed to the Cane Commissioner, it was provided that Training Centers (Shahjahanpur Muzaffarnagar and Gorakhpur), which were earlier run by Cane Development Department of Government of U. P. were transferred to the Management of Sansthan with the provision that the expenses were to be met from :

(a) U. P. Sahkari Ganna Samiti Sangh; and

(b) Sakkar Vishesh Nidhi.

4. Learned Counsel for the petitioner argued with vehemence that the Ganna Kisan Sansthan comes within the purview of Article 12 of the Constitution of India and, therefore, is amenable to writ jurisdiction under Article 226 of the Constitution of India because the following factors fulfil the requirement to fall within the ambit of Article 12 of the Constitution :

(1) U. P. Ganna Kisan Sansthan was established on 17th May, 1975 after registration under the Societies Registration Act, 1860.

(2) Prior to registration of the U. P. Ganna Kisan Sansthan, the Cane Department of the State Government, which was created in the year 1975, was imparting training to the cane growers and Government Officers.

(3) In order to achieve the goal of economic reforms, and provide training and education to the Cane growers, a society was registered under the provisions of Societies Registration Act, 1860 to achieve the objects, enumerated in Memorandum of Association.

5. In addition to above, the Government also constituted and reconstituted a Committee, consisting of the officers of the Government and other holders of the public offices, with the Cane Commissioner as its head to lay down or streamline curriculum of training courses, to be undertaken by Sansthan (Annexure-22 ). Further, by the Government Order dated 3rd November, 1976, copy whereof has been annexed with the Supplementary Counter- Affidavit, the three Training Centers (Shajahanpur, Muzaffarnagar and Gorakhpur), which were earlier run by Cane Development Department of the Government of U. P. were also transferred to the Management of Sansthan with the provision that the expenses were to be met from :

(c) U. P. Sahkari Ganna Samiti Sangh; and

(d) Sakkar Vishesh Nidhi.

6. As regards the availability of funds