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1995 DIGILAW 492 (KAR)

SREENIVASULU S. v. LIC HOUSING FINANCE LTD.

1995-10-11

J.ESWARA PRASAD

body1995
J. ESWARA PRASAD, J. ( 1 ) THE petitioner applied for a post of Junior Executive Assistant in the respondent-LIC Housing finance Limited complaining that out of the 15 posts which were advertised none was given to the applicants belonging to Backward Classes, the petitioner has filed this writ petition, claiming to belong to a Backward Community, for issuance of a writ of mandamus or direction as the case may be declaring (sic.) the action of the respondent in selecting and appointing only SC/st candidates and general merit candidates without considering the persons belonging to Backward classes as arbitrary and illegal. ( 2 ) THE learned counsel for the petitioner submitted that the petitioner belongs to a Backward community and was entitled to be considered for being appointed to one of the posts. His claim is based on Official Memorandum of Government of India, Ministry of Personnel, Public grievance and Pensions dated August 13, 1990 in Annexure-E. ( 3 ) THE respondent filed statement of objections and took plea that the respondent is neither a part of the Union nor one of the Public Undertakings of the Union and is not a 'state' within the meaning of Article 12 of the Constitution of India. ( 4 ) THE learned counsel for the respondent elaborated the said contention by submitting that the respondent is a Public Limited Company in which the LIC has got only 36% of shares and the rest of the shares are held by general public, including the employees of LIC. He further submitted that the regulations of the respondent do not contemplate any reservation for backward Community. But however the respondent has recruited some of the persons belonging to SC/st as Junior Executive Assistants and the petitioner has no right to be considered as belonging to Backward Community. ( 5 ) THE petitioner is not in a position to deny the assertion of the learned counsel for the respondent by filing a rejoinder. From the pleadings, it is clear that the respondent is a Public limited Company incorporated under the Companies Act, 1956. The LIC holds only 36% of the shares and the rest of the shares are held by the general public including the employees of the lic. The regulations of the company do not contemplate any reservation for Backward Classes. From the pleadings, it is clear that the respondent is a Public limited Company incorporated under the Companies Act, 1956. The LIC holds only 36% of the shares and the rest of the shares are held by the general public including the employees of the lic. The regulations of the company do not contemplate any reservation for Backward Classes. No material is placed before the Court to come to the conclusion that the respondent is a 'state' within Article 12 of the Constitution. In the said circumstances is has to be held that the Official memorandum in Annexurc-E is not binding on the respondents. As it is neither union nor a public Undertaking of the union. ( 6 ) FOR all the aforesaid reasons, the writ petition fails and is dismissed.