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TMI Blog2019 (4) TMI 1991X X X X Extracts X X X X X X X X Extracts X X X X ..... at 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. 2. 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. 3. 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 organiz ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for recruitment of both clerks and officers in Public Sector Banks. He submitted that the document is evidence of the fact of administrative control of the Government of India over the Respondent-Institute. Alternatively, Mr. Gupta advanced an argument that, in any event, the Respondent-Institute discharges public functions and duties and would be amenable to the writ jurisdiction of the High Court. He argued that the Respondent-Institute was set up to cater to the selections made to Public Sector Banks, apart from the selections made for appointment of thousands of candidates to co-operative banks, private banks, central and other financial institutions, public and private enterprises, government departments, Regional Rural Banks, universities, institutions, Certificate and Scholarship Examinations, etc. The Respondent-Institute also conducts training programmes for Public Sector Organisations. In support of his submissions, Mr. Gupta relied upon the judgments of this Court in Ajay Hasia v. Khalid Mujib Sehravardi 1981 (1) SCC 722, R.D. Shetty v. I.A.A.I. 1979 (3) SCC 489, Pradeep Kumar Biswas v. Indian Institute of Chemical Biology and Others. 2002 (5) SCC 111, Zee Telefilms Ltd ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igh Court of Manipur at Imphal, 13.11.2014 and 18.11.2014 of the Bombay High Court, 10.04.2015 of the Punjab and Haryana High Court, 21.05.2015 and 31.08.2015 of the High Court of Jharkhand, and 31.03.2016 of the Delhi High Court, all by which various Writ Petitions filed against the Respondent were dismissed as not maintainable. 6. The objective of the Respondent-Institute as per the Memorandum of Association are: (1) "To establish and to carry on the administration and management of "Institute of Banking Personnel Selection." (2) To plan, promote and provide for competent, wellqualified and efficient cadres of personnel at various levels to the banks and financial institutions in the country on a scientific basis. (3) To render assistance in organizations in the areas of personnel such as recruitment, selection, placement, by designing, developing and printing suitable measurement test/tools, assessment of answer papers and processing results of examinations, and conduct such examination related services, on request. (4) To carry out theoretical and applied research in the subjects of psychology and education." 7. One of the functions to achieve said objects of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ning unlike the term "other authorities" in Article 12. Article 12 is relevant only for the purpose of enforcement of fundamental rights under Article 32. Article 226 confers power on the High Courts to issue Writs for enforcement of fundamental rights as well as non-fundamental rights. The words "any person or authority" used in Article 226 are, therefore, not to be confined only to statutory authorities and instrumentalities of the State. They may cover any other person or body performing public duty. The form of the body concerned is not very much relevant. What is relevant is the nature of the duty imposed on the body. The duty must be judged in the light of positive obligation owed by the person or the authority to the affected party. No matter by what means the duty is imposed, if a positive obligation exists, mandamus cannot be denied." 10. This Court in the said judgment also referred to what Professor S.A. de Smith stated in 'Judicial Review of Administrative Action', which is as follows: "To be enforceable by mandamus a public duty does not necessarily have to be one imposed by statute. It may be sufficient for the duty to have been imposed by charter, common law, cust ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (supra), to be answered for the purpose of deciding whether a Writ Petition is maintainable under Article 226 are: a)Whether a private body which is a nongovernmental organization partakes the nature of public duty or State action? b)Whether there is any public element in the discharge of its functions? c)Whether there is any positive obligation of a public nature in the discharge of its functions? d)Whether the activities undertaken by the body are voluntary, which many a non-governmental organization perform? 14. 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. 15. This Court in Federal Bank case held that a Writ Petition under Article 226 of the Constituti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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