Case: RAJBIR SURAJBHAN SINGH Vs. THE CHAIRMAN, INSTITUTE OF BANKING PERSONNEL SELECTION, MUMBAI

1. On 12.08.2013 an advertisement was issued by the Respondent inviting applications for appointment to posts of clerical cadre (Clerk-III) in Public Sector Banks. The Appellant participated in a Common Written Examination (CWE) conducted on 01.10.2013 and secured 110 marks out of 200. He was called for an interview by the Respondent on 14.02.2014. During the interview, he submitted a caste certificate dated 28.10.2010, issued by the Naib T ehsildar, Nangal Chowdhary, Haryana which shows that he belongs to Ahir community, which is recognized as Other Backward Class (hereinafter referred to as the ‘OBC?) as per the Resolutions of the Ministry of Welfare, Government of India. Another caste certificate was issued in the prescribed format to the Appellant by the Naib T ehsildar, Nangal Chowdhary, Haryana on 29.01.2014, declaring him as an OBC candidate belonging to Ahir community and that he does not belong to the ‘creamy layer?. The results were announced on 01.04.2014 and the Appellant was informed that his candidature for the examination has been cancelled as he could not produce the required certificate at the time of the interview. As per the advertisement, the candidates belonging to OBC category were required to produce a certificate issued during the period 01.04.2013 and 31.03.2015. The Appellant could not produce the certificate issued during the said period for which reason he was disqualified from participating further in the selection process.The Appellant filed a Writ Petition challenging the proceeding dated 01.04.2014 by which he was disqualified from the selection process, for appointment to the post of Clerk, which was dismissed by the High Court as not maintainable. Hence, this appeal.The High Court relied upon a judgment in Writ Petition (L) No.1042 of 2014 and others to dismiss the Writ Petition filed by the Appellant. The judgment in Writ Petition (L) No.1042 of 2014 pertains to a Common Written Examination conducted by the Respondent for recruitment to the posts of Probationary Officers/Management Trainees in participating organizations i.e. Public Sector Banks. The High Court was of the view that the Respondent was not a State within the meaning of Article 12 of the Constitution of India and there was no public function that was discharged by the Respondent. On said grounds, the High Court opined that the Respondent is not amenable to writ jurisdiction of the High Court under Article 226 of the Constitution of India.

Reasoning:
It is true that the Governor of the Reserve Bank of India and the Chairmen of certain Public Sector Banks along with the Joint Secretary, Banking Division, Ministry of Finance are members of the governing body of the Respondent-Institute. There is no dispute that the Respondent is not constituted under a statute. It is also not disputed that the Respondent does not receive any funds from the Government. The Respondent is not controlled by the Government. The letter dated 20.09.2010 produced by the Appellant along with the rejoinder affidavit does not show deep and pervasive control by the Government of India. The question of whether the Council of Scientific and Industrial Research fell under ‘other authorities? within the meaning of Article 12 was referred to a 7 Judge Bench of this Court. [See: Pradeep Kumar Biswas v. Indian Institute of Chemical Biology and Others. (supra)]. Resolving the dispute, the 7 Judge Bench in Pradeep Kumar Biswas (supra) held that the question as to whether a corporation/society would fall within the meaning of Article 12 should be decided after examining whether the body is financially, functionally and administratively dominated by or under the control of the Government. This Court observed that such control should be particular to the body in question and must be pervasive. A control which is merely regulatory under the statute or otherwise would not make the body ‘State? under Article 12. As there is no control by the Government over the Respondent in the manner mentioned above, we have no doubt in our mind that the Respondent cannot be said to be falling within the expression ‘State? under Article 12 of the Constitution of India.The Respondent-Institute has been set up for the purpose of conducting recruitment for appointment to various posts in Public Sector Banks and other financial institutions. Applying the tests mentioned above, we are of the opinion that the High Court is right in holding that the Writ Petition is not maintainable against the Respondent. Conducting recruitment tests for appointment in banking and other financial institutions, is not a public duty. The Respondent is not a creature of a statute and there are no statutory duties or obligations imposed on the Respondent.This Court in Federal Bank case held that a Writ Petition under Article 226 of the Constitution is not maintainable against a scheduled bank on the ground that the business of banking does not fall within the expression ?public duty?. As the activity of the Respondent of conducting the selection process for appointment to the banks is voluntary in nature, it cannot be said that there is any public function discharged by the Respondent. There is no positive obligation, either statutory or otherwise on the Respondent to conduct the recruitment tests. For the reasons above, we are of the considered opinion that the Respondent is not amenable to the Writ Jurisdiction under Article 32 or Article 226 of the Constitution of India.e are informed by the learned Senior Counsel for the Respondent that there were four recruitments that were conducted after the year 2013 but that the Appellant did not participate in any of these recruitments.As he did not participate in any of said subsequent recruitments, the Appellant is not entitled to any relief.