VIKRAM CHAUHAN Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) The Division Bench while hearing CWP No. 3634 of 2012-D vide order dated 20th July, 2012 has referred the following question to be considered by the Full Bench:

(2.) The question, as formulated raises two independent issues. Firstly, whether the stated Cooperative Banks are State within the meaning of Article 12 of the Constitution? The second question, which, in our view is an independent question, is, whether a writ would lie against those Cooperative Banks?

(3.) As regards the first part of the question formulated by the Division Bench, the sweep of expression "other Authorities" occurring in Article 12 of the Constitution of India is the core issue. That, however, is no more res integra. The leading judgment of the Apex Court is in the case of R.D. Shetty vs. The International Airport Authority of India and others, 1979 3 SCC 489. The exposition in this judgment came to be summarized in the judgment of another Constitution Bench of the Apex Court in the case of Ajay Hasia and others vs. Khalid Mujib Sehravardi and others, 1981 1 SCC 722. The tests laid down in the case of International Airport Authority have been culled out in para 9 of this judgment while making it clear that those tests are not conclusive or clinching but they are merely indicative indicia, which have to be used with care and caution. The Court observed that while stressing the necessity of a wide meaning to be placed on the expression "other Authorities", it must be realized that it should not be stretched so far as to bring it in every autonomous body, which has some nexus with the Government within the sweep of the expression, which has to be tempered by a wise limitation. It may be apposite to reproduce the relevant portion from paragraph 9 of this very judgment, which reads thus: