Dharmendra Kumar Singh and ors. Vs. State of Jharkhand and ors.

- constitution of india. articles 12 & 226: [m. karpaga vinayagam, c.j., narendra nath tiwari & d.p.singh, jj] writ petition - maintainability - whether state co-operative milk producers federation ltd., is a state within meaning of article 12 ? - held, from perusal of relevant rules of byelaws, it is clear that state government has no role to play either in policy decision for raising funds for federation or its expenditure and thus have no financial control. further there is nothing to indicate that government has any functional and administrative control over federation. state government has no role to play in matter of appointment of any of officials of federation including managing director. federation is totally independent in all respects and in no way subservient to state government in conduct of its business. federation in no way can be termed as agency of state government and does not come within meaning of article 12 of constitution. writ petitions against federation is not maintainable. .....in the management quota of the earlier sessions. he relied on letter no. 1155 dated 10.7.2007 (annexure 7) issued by the science and technology department, government of jharkhand and the statements made in paragraph-14 of this writ petition which reads as under:14. it is also relevant to mention that students of management quota of sessions 2003-07, 2004-08 were also transferred to r.v.s. college, jamshedpur vide order passed in the aforesaid letter dated 10.7.2007.2. he further submitted that the petitioners made representation before the university and the state government, but no order has been passed thereon.3. in the circumstances, the petitioners are given liberty to make a fresh representation before the secretary, department of science and technology, government of jharkhand, ranchi (respondent no. 2) with a copy to the vice chancellor ranchi university, ranchi (respondent. no. 3). if any decision has been taken on representation filed by the petitioners earlier, the same will be communicated to them. if no decision has been taken, respondent no. 2 will take a decision. if the said statement of the petitioners that the students of management quota of earlier sessions were transferred to recognised private technical colleges by letter no. 1155 dated 10.7.2007 (annexure 7) is found correct, there should not be any difficulty in transferring the petitioners who are of 2005-09 batch. however, if there is any legal impediment in transferring the petitioners, reasons thereof should be communicated to them. this exercise should be completed within four weeks from the date of receipt of the representation.it is made clear that this court has not gone into the merits of the case of the petitioners.4. with these observations and directions, this writ petition is disposed of. however, no costs.