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"The activity in order to be amenable to writ
jurisdiction must be of public character and public
duty bound by enforceable statutory obligations in
the performance of its duties or business. Alas, no
material has been placed on the file of this case to
show positively that the Central Government has
any deep and pervasive control over the
functioning of the society not only in what has to
be done, but the manner in which it is to be
performed. Mere doles or freebies or
replenishments are not enough to hold them
amenable since those may be aimed only to
encourage the activity, otherwise every non-
government organization [NGO] may fall under
the ambit of Articles 12 and 226. There must be
deep, pervasive and functional control by State.
Mere accountability of expenditure may not be
enough since the one who parts with money may
ask for rendition of accounts. The training centre
gets no binding instructions from the Central
Government or direct aid unless, as urged, routed
through the AEPC which may qualify the
prescriptions of Part III of the Constitution. On
that connection an opinion is not expressed. ATDC
only receives funds, as I was made to understand,
indirectly by apportionment in the Union budget in
the Ministry of Textiles, GoI or by some other
financial arrangement according to fiscal
discipline in policy to offset the expenditure
suffered by second respondent ATDC in training
students, with money diverted to defray overheads
and costs of training and imparting skill
development for the textile job market routed
through the AEPC via the Union of India to
promote clothing export to other countries. The
Central Government through the Ministry of
Textiles does not do business directly with the
ATDC training centre other that mere mention of
its existence in some of the papers on record, but
those do not confer status of an authority in the
training centre even within the widening scope of
the ambit of the net of writ jurisdiction.
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