Shri. Rajbir Surajbhan Singh v. The Chairman, Institute Of Banking Personnel Selection

KJ 1/2 wp8730.14-12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8730 OF 2014 Shri Rajbir Surajbhan Singh )... Petitioner V/s.

The Chairman, Institute of Banking ) Personnel, Selection, Mumbai )... Respondent ---- Mr.Amit Gharte i/by Mr.J.D.Khairnar for the petitioner. Mr.Amir Aarsiwalla i/by S.P.Khedekar for respondent ---- CORAM: ANOOP V.MOHTA & K.R.SHRIRAM, JJ.

DATED : 17.3.2015.

P.C. :

The learned Counsel appearing for the respondent has pointed out a judgment of this Court passed in Writ Petition (L) No.1042 of 2014, Writ Petition (L) No.1045 of 2014 and Writ Petition (L) No.1309 of 2014, dated 7.5.2014 whereby after hearing both the parties and considering the every aspects, this court held as under :- "We are of the view that Respondent No.1 company is not a "State" within the meaning of Article 12 of the Constitution of India. It does not have any public function and it is not amenable to the writ jurisdiction of this court under Article 226 of the Constitution of India. In view of this, we do not think that it is necessary to go into the merits of the case. Hence, writ petitions are dismissed."

KJ 2/2 wp8730.14-12 There is no issue that the respondent here is the same and so also the issue so raised. Therefore, in view of the above, present writ petition is disposed of. No costs.

(K.R.SHRIRAM, J.) (ANOOP V.MOHTA,J)