Case Note & Summary
The petitioner, a domicile of Maharashtra, passed her 10th standard from a school in Maharashtra but completed her 12th standard from a school in Karnataka due to her father's transfer as an employee of IDBI Limited. She sought admission to MBBS under the 85% State quota in Maharashtra, relying on the exception clause in paragraph 4.8.1 of the NEET 2020 Information Brochure, which relaxes the requirement of passing 12th from a Maharashtra school for children of employees of the Government of India or its undertakings who are transferred outside the State. The key issue was whether IDBI Limited qualifies as an 'undertaking of the Government of India'. The court examined the status of IDBI Limited, noting that it was originally established as a statutory corporation under the Industrial Development Bank of India Act, 1964, but was subsequently converted into a company under the Companies Act, 2013, and renamed IDBI Limited. The court observed that the Government of India's shareholding in IDBI Limited is less than 51%, and therefore, it cannot be considered a government undertaking. The court distinguished between a 'government company' under Section 2(45) of the Companies Act, 2013, and an 'undertaking of the Government of India', holding that the latter requires direct control and ownership by the government. Since IDBI Limited is not a government undertaking, the petitioner could not avail the exception. The court dismissed the writ petition, upholding the eligibility criteria.
Headnote
A) Interpretation of Statutes - Government Undertaking - Definition - The court considered whether IDBI Limited is an 'undertaking of the Government of India' under paragraph 4.8.1 of the NEET 2020 Information Brochure - The court held that IDBI Limited, though originally a statutory corporation, is now a company under the Companies Act, 2013, and the Government of India holds less than 51% equity, thus it is not a government undertaking - The exception clause applies only to children of employees of the Government of India or its undertakings, not to employees of companies where government shareholding is below 51% (Paras 1-10).
Issue of Consideration
Whether IDBI Limited can be regarded as an undertaking of the Government of India for the purpose of the exception clause in paragraph 4.8.1 of the NEET 2020 Information Brochure.
Final Decision
The writ petition is dismissed. The court held that IDBI Limited is not an undertaking of the Government of India, and therefore the petitioner is not entitled to the benefit of the exception clause in paragraph 4.8.1 of the NEET 2020 Information Brochure.
Law Points
- Interpretation of 'undertaking of Government of India'
- NEET eligibility criteria
- domicile requirement
- exception clause for children of transferred government employees
Case Details
2020 LawText (BOM) (12) 29
Writ Petition (L) No.6704 of 2020
Dipankar Datta, CJ, G.S. Kulkarni, J
Shri Kiran Bapat, Shri Pralhad Paranjape, Shri Manish Kelkar for Petitioner; Shri Anil C. Singh, Additional Solicitor General, Shri Rui Rodriques, Shri D.P. Singh for Respondent No.1; Ms.P.H. Kantharia, Government Pleader, Ms. Jyoti Chavan, AGP for Respondent Nos.2 and 3; Shri Rui Rodriques for Respondent No.4
Union of India and Others
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Nature of Litigation
Writ petition challenging denial of benefit of exception clause in NEET 2020 Information Brochure for admission to MBBS course under State quota.
Remedy Sought
Petitioner sought a declaration that IDBI Limited is an undertaking of the Government of India and that she is entitled to the benefit of the exception clause in paragraph 4.8.1 of the NEET 2020 Information Brochure.
Filing Reason
Petitioner's father, an employee of IDBI Limited, was transferred to Karnataka, and she completed her 12th standard there. She was denied the benefit of the exception clause which relaxes the requirement of passing 12th from a Maharashtra school for children of government employees transferred outside the State.
Issues
Whether IDBI Limited is an 'undertaking of the Government of India' for the purpose of the exception clause in paragraph 4.8.1 of the NEET 2020 Information Brochure.
Submissions/Arguments
Petitioner argued that IDBI Limited is a government undertaking as the Government of India holds majority shares and exercises control.
Respondents contended that IDBI Limited is not a government undertaking as the government shareholding is less than 51% and it is a company under the Companies Act, 2013.
Ratio Decidendi
An 'undertaking of the Government of India' requires direct ownership and control by the government. A company in which the government holds less than 51% equity, even if originally a statutory corporation, is not a government undertaking. The exception clause in NEET 2020 applies only to children of employees of the Government of India or its undertakings, not to employees of companies where government shareholding is below 51%.
Judgment Excerpts
The question that emerges for decision on this writ petition is, whether the Industrial Development Bank of India Limited can be regarded as an undertaking of the Government of India?
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 from a school in Karnataka.
Procedural History
The petitioner filed a writ petition before the High Court of Judicature at Bombay challenging the denial of the benefit of the exception clause in the NEET 2020 Information Brochure. The court heard the matter and delivered judgment on December 8, 2020.
Acts & Sections
- Companies Act, 2013: Section 2(45)
- Industrial Development Bank of India Act, 1964:
