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6. Responding to that Shri Amrendra Nath Tripathi, learned counsel appearing for the petitioner argues that no doubt the writ of quo warranto would be maintainable where a person is exercising powers in the nature of sovereign functions.

7. It is contended that it is not necessary that all the powers, which are exercised by the said officer, should fall in the realm of 'sovereign function' inasmuch as perusal of the powers and functions of the Director itself indicate that though quite a few powers are to be exercised after approval of the State Government or within over all control and superintendence of Board/Chairman yet quite a large number of powers are to be exercised independently by the Director and consequently the exercise of such powers would construe that the powers as per the 'sovereign functions' are being exercised by respondent No.6 consequently the instant writ petition would be maintainable.

14.4 According to the Black's Law Dictionary 6th Edition, the term ''Public Office' is explained as under:

"Public Office, Essential characteristics of ''Public Office' are (1) authority conferred by law (2) fixed tenure of Office and (3) power to exercise some portion of sovereign functions of government; key element of such test is that "Officer" is carrying out sovereign function. Spring v. Constantino, 168 Conn.563,362 A...2nd 871, 875. Essential elements to establish public position as ''Public Office' are position must be created by Constitution, Legislature, or through authority conferred by legislature, portion of sovereign power of government must be delegated to position, duties and powers must be defined, directly or impliedly, by legislature or through legislative authority, duties must be performed independently without control of superior power other than law, and position must have some permanency and continuity. State ex rel.Eli.Lily and Co. v Gaertner, Mo.App,619 S.W, 2D , 761, 764."

12. From perusal of the aforesaid judgments, it emerges that the Division Bench of this Court has clearly held that in order to maintain a writ in the nature of quo warranto the person against whom the said writ has been filed, holds a public office and exercises sovereign functions.

13. Sovereign functions have been defined in the Black's Law Dictionary as under:-

"Sovereign has been defined in Black's Law Dictionary as under:-

Sovereign: adj.

(Of a state) characteristic of or endowed with supreme authority< sovereign nation> < sovereign immunity>.

(Emphasized by the Court)

19. From perusal of the aforesaid judgment of the Hon'ble Supreme Court and the definition as given to 'Public Office' it clearly emerges that the essential characteristics of a 'public office' would be where an authority is conferred by law, there is a fixed tenure of office and power to exercise some portion of sovereign functions of the Government. Said sovereign functions are to be exercised without control of superior power other than law.

20. From perusal of the powers and functions of the Director as per the bye laws, it clearly emerges that quite a large number of the powers that exercised by the Director, are to be exercised either with the approval of the Chairman/ specific approval of the Board/ taking approval as specified by the State Government/ over all control and superintendence of the Board/Chairman. A few examples are the powers as provided in Clause 20(1), (4), (7), (11), (13), (17), (18) etc.