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Service lawyer: the writ is maintainable against the body, who is financially, functionally and administratively dominated by the government.

Supreme Court of India

Justice L Nageswara Rao

The SC has held in the case titled as "Rajbir Surajbhan Singh versus Chairman Institute of Banking personnel selection, Mumbai", that if the body is financially, functionally and administratively dominated by or under the control of the government, then only, it would fall under the defination of 'state'. It was further held that the regulatory control by the government would not make the body state.

The SC also held that Article 226 is maintainable if the body is performing public duty. The public duty means those functions as are similar to or closely related to those performed by the state in its sovereign capacity; those are public functions. It also held that as far as present case is concerned, voluntary research is not public duty, and also carrying on banking business cannot be termed as public duties.

It was held in this case that as the respondent is conducting recruitment test for appointment in banking and other financial institution. That is not a public duty. It is also not a creature of a statute and there are no statutory duties or obligations imposed upon the respondent.

Lastly, it was held that the respondent does not come under the purview of state, and even otherwise it is not performing public duty. It was held that the respondent is not amenable to the Writ jurisdiction. There is no positive obligation either statutory or otherwise on the respondent, to conduct the recruitment test. The appeal was according dismissed of the appellant.



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