Case Note & Summary
The dispute arose regarding the status of the Uttar Pradesh Ganna Kishan Sansthan, a society registered under the Societies Registration Act, and whether it qualifies as a 'State' under Article 12 of the Constitution of India. The Sansthan was established by a government order on 4th August 1975 to take over functions previously performed by the Cane Development Department, specifically to provide training to cane-growers. The respondent, who was appointed as a Computer Officer, had his services terminated by the Sansthan, leading him to file a writ petition questioning the Sansthan's status as a 'State'. The High Court initially found that the Sansthan was not a 'State', but this view was later referred to a Full Bench, which concluded that the Sansthan was indeed a 'State' due to its public functions and the extent of government control over it. The Supreme Court upheld this finding, emphasizing that the Sansthan's functions were public in nature and that it was established under a government charter, with significant financial and administrative control exercised by the State. The court noted that the majority of the Governing Council members were government officials, and the Sansthan was not free to appoint non-government personnel to key positions. The appeal was dismissed with costs, affirming the High Court's decision that the Sansthan is a 'State' under Article 12.
Headnote
A) Constitutional Law - Definition of State - Interpretation of Article 12 - Uttar Pradesh Ganna Kishan Sansthan deemed a 'State' - Constitution of India, 1950, Article 12 - The court held that the Sansthan, established to perform functions previously conducted by the government, is under deep and pervasive control of the State, thus qualifying as a 'State' under Article 12. (Paras 5-15)
Issue of Consideration
Whether the Uttar Pradesh Ganna Kishan Sansthan is a 'State' within the meaning of Article 12 of the Constitution of India
Final Decision
The Supreme Court dismissed the appeal, affirming the Full Bench's decision that the Sansthan is a 'State' under Article 12 of the Constitution of India, with costs assessed at Rs. 50,000.
Law Points
- Definition of State
- Article 12
- Societies Registration Act
- public functions
- governmental control
