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TMI Blog2020 (12) TMI 1410X X X X Extracts X X X X X X X X Extracts X X X X ..... 0", for short). 2. The petitioner, desirous of becoming a doctor, had participated in the NEET-2020. The Information Brochure for NEET-2020 provides that a candidate aspiring for admission in the MBBS course in the 85% State quota, reserved for Maharashtra candidates, is required to be a domicile of Maharashtra apart from having passed the 10th standard S.S.C. or equivalent examination and the 12th standard H.S.C. or equivalent examination from schools in Maharashtra. Admittedly, the petitioner is a domicile of Maharashtra and passed the 10th standard S.S.C. examination from a school in Maharashtra; however, she cleared the 12th standard H.S.C. examination after pursuing studies in the 11th and the 12th standards in a school in Telangana while residing with her father. Incidentally, the petitioner's father is an employee of IDBI Limited who was posted in Telangana at the relevant point of time and has since been transferred and posted in Maharashtra with effect from November 19, 2020. 3. In support of the contention that IDBI Limited, in fact, is a Government of India undertaking, Shri Bapat, learned advocate appearing for the petitioner had on November 25, 2020 (when we consider ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... above, the undersigned is directed to apprise as under: (a) The Reserve Bank of India (RBI) categorises Scheduled Commercial Banks into various categories such as Public Sector Banks, Private Sector Banks, etc. RBI, vide its letter no.DBOD.BP.1630/21.4.152/2004-05, dated 15.4.2005 (copy enclosed) addressed to IDBI Limited (renamed as IDBI Bank Limited in 2008), had informed that considering the latter's shareholding pattern, it is categorized as "Other Public Sector Bank". RBI, vide its subsequent press release dated 14.3.2019 (copy enclosed), has recategorised IDBI Bank Limited (:IDBI Bank") as a private sector bank with effect from 21.1.2019 consequent upon the Life Insurance Corporation of India acquiring 51% share capital of the bank. Thus, with effect from 21.1.2019, IDBI Bank has ceased to be a Public Sector Bank and is now a Private Sector Bank. (b) Following the above press release dated 14.3.2019 recategorising the bank as a Private Sector Bank, IDBI Bank Limited issued instructions dated 15.3.2019 to its various offices (copy enclosed), communicating the aforesaid press release and advising them to remove the words "Govt. of India owned Bank" from the bank's signboard ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ddressed to the Chairman of IDBI Limited categorizing IDBI Limited under a new sub-group "Other Public Sector Banks". (b) Press release by RBI dated March 14, 2019 categorising IDBI Limited as a "Private Sector Bank"; (c) Letter dated May 31, 2019 of the Under Secretary (Vigilance), Ministry of Finance, Government of India, conveying to the Chief Vigilance Officer, "IDBI Bank", that LICI is a body within the jurisdiction of the Central Vigilance Commission and since LICI holds 51% shares of "IDBI Bank Ltd.", the vigilance administration of "IDBI Bank Ltd." automatically falls within the jurisdiction of the Commission; and (d) Letter dated June 3, 2019 of the General Manager (Legal) of "IDBI Bank" clarifying applicability and continuance of the present vigilance set up in "IDBI Bank". 10. Referring to the Central Vigilance Commission Act, 2003 (hereafter "the CVC Act", for short), it is the contention of Shri Bapat that the Central Vigilance Commission has been allowed to exercise vigilance control over IDBI Limited and, a fortiori, the petitioner's father would be treated as a public servant to whom the Prevention of Corruption Act, 1987 would apply. If indeed that be so, i. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for transfer and vesting of undertaking of the Development Bank to and in the Company to be formed and registered as a Company under the Companies Act, 1956 (hereafter "the 1956 Act", for short) to carry on banking business and for matters connected therewith or incidental thereto and also to repeal the IDBI Act. Section 3 of the 2003 Act provides that on and from the date the Central Government may, by notification, appoint, the undertaking of the Development Bank shall be transferred to, and vest in, the Company, meaning thereby the "Industrial Development Bank of India Limited" to be formed and registered under the 1956 Act. We find that from October 1, 2004, the undertaking of the Development Bank stood transferred to, and vested in, the Company in terms of Section 3(1) of the 2003 Act. 17. Section 5 of the 2003 Act contains provisions in respect of officers and other employees of IDBI Limited. Subsection (1) thereof provides that every officer or other employee of the Development Bank (except a director of the Board or the chairman and managing director or any whole-time director) serving in the employment immediately before the appointed day shall, insofar as such officer o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y of Corporate affairs having recorded IDBI Limited as a nonbanking Company and, therefore, IDBI Limited ought to be regarded as an undertaking of the Government of India, has failed to impress us. The vigilance control over IDBI Limited by the Central Vigilance Commission cannot be the guiding factor for exploring the answer to the issue which we are primarily tasked to decide. On this writ petition, we are not called upon to decide whether exercise of vigilance control over IDBI Limited by the Central Vigilance Commission is legal and valid. Such a question can be dealt with in an appropriate proceeding, if the occasion therefor arises. Further, nothing substantial turns on holding of 51% share capital in IDBI Limited by LICI. By reason of the definition in section 2(45) of the Companies Act, 2013, IDBI Limited is not a Government company. LICI could be a "State" as defined in Article 12 of the Constitution but by reason thereof, it does not necessarily follow that IDBI Limited would attain the status of "State" within the meaning of Article 12. Also, reliance placed by the petitioner on the data maintained by the Ministry of Corporate Affairs on the Company (IDBI Limited) as per ..... X X X X Extracts X X X X X X X X Extracts X X X X
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