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Supreme Court of India 2019-04-29 dismissed

RAJBIR SURAJBHAN SINGH vs THE CHAIRMAN, INSTITUTE OF BANKING PERSONNEL SELECTION, MUMBAI

Bench: 2 — L. Nageswara Rao, M.R. Shah

In Brief

A clerical candidate challenged his disqualification from a Common Written Examination (CWE) for public sector bank recruitment conducted by the Institute of Banking Personnel Selection (IBPS) because he failed to produce an OBC certificate issued within the prescribed validity period. The High Court dismissed the writ petition as unmaintainable. The Supreme Court upheld this decision, holding that IBPS is not amenable to writ jurisdiction under Article 226. Although IBPS is not a 'State' under Article 12, it also does not discharge public functions. Recruitment testing for banks, being a voluntary activity with no statutory obligation, does not constitute a public duty enforceable through constitutional remedies. The appeal was dismissed.

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Constitutional Law Administrative Law Writ Jurisdiction Public Duty Recruitment Banking Personnel Article 226

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