Disposed

Jishnu.J. v. Institute of Banking Personnel Selection

Kerala HC14 Dec 2016WP(C)/32959/2016

Case brief

AI extract

What is this about?

High Court directed the Kerala Gramin Bank to assess whether vacancies reported under a later notification actually existed during the validity period of an earlier notification and, if so, report them to the Institute of Banking Personnel Selection for filling from the reserve list.

What did the court decide?

Direction to the 3rd respondent to assess within 10 days if vacancies reported under Exhibit P5 arose between Jan-Dec 2016 and report them to the 1st respondent for filling from the reserve list.

Jishnu.J. Vs Institute of Banking Personnel… — Pension and Retirement Benefits | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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WEDNESDAY, THE 14TH DAY OF DECEMBER 2016/23RD AGRAHAYANA, 1938

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WP(C).No. 32959 of 2016 (T)

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PETITIONER(S) :

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1. JISHNU.J., S/O.JAYAKUMAR S.S, SARADA BHAVAN (H), VAZHAPPILLY, MUDAVOOR P.O., MUVATTUPUZHA, ERNAKULAM - 686 669.

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2. DIJO DAVIS K.,

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S/O.DAVIS K.P., KARERAKATTIL HOUSE, PANCHIKKAL, P.O.AYYANTHOLE,

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THRISSUR - 680 003.

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3. SARATHKUMAR.S, S/O.SASIDHARAN NAIR U.P., PARACKAL HOUSE, KUMBAZHA P.O.,

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PATHANAMTHITTA - 689 653.

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BY ADVS. SRI.KALEESWARAM RAJ SRI.VARUN C.VIJAY KUM.A.ARUNA

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RESPONDENT(S) :

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1. INSTITUTE OF BANKING PERSONNEL SELECTION, REPRESENTED BY ITS DIRECTOR, INSTITUTE ON BANKING PERSONNEL SELECTION, IBPS HOUSE, 90 FEET, D.P.ROAD, NEAR THAKUR POLYTECHNIC, OFF. WESTERN EXPRESS HIGHWAY, P.B.NO.8587, KANDIVALI (E), MUMBAI - 400 101.

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2. THE DIRECTOR, INSTITUTE OF BANKING PERSONNEL SELECTION, IBPS HOUSE, 90 FEET, D.P.ROAD, NEAR THAKUR POLYTECHNIC, OFF. WESTERN EXPRESS HIGHWAY, P.B.NO.8587, KANDIVALI (E), MUMBAI - 400 101.

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..2/-

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..2..

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WP(C).No. 32959 of 2016 (T)

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3. THE CHAIRMAN, KERALA GARMIN BANK, P.B.NO.10, HEAD OFFICE, KGB TOWERS, A.K.ROAD, UPHILL, MALAPPURAM - 676 505.

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R1 TO R2 BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR

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SRI.P.GOPINATH SRI.P.BENNY THOMAS SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS

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R3 BY ADV. SRI.T.R.RAVI, S.C

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14-12-2016, ALONG WITH W.P(C).NO. 33115 OF 2016 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 32959 of 2016 (T)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXT.P1 TRUE COPY OF THE NOTIFICATION PUBLISHED IN THE OFFICIAL WEBSITE OF THE IBPS

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EXT.P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER.

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EXT.P3 SERIES TRUE COPIES OF THE COMMUNICATION DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE 1ST RESPONDENT.

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EXT.P4 TRUE COPY OF THE NOTICE DATED 01/01/2016 ALONG WITH ANNEXURE.

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EXT.P5 TRUE COPY OF THE NOTIFICATION DATED 09/09/2016 PUBLISHED BY THE 1ST RESPONDENT.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.A.TO JUDGE.

Msd.

ANU SIVARAMAN, J.

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= = = = = = = = = = = = = = = W.P.(C).Nos.32959, 33115, 38011 & 37868 of 2016

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= = = = = = = = = = = = = = = Dated this the 14^th day of December, 2016

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JUDGMENT

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1.The question raised in these writ petitions is with regard to the right of the petitioners who have been included in the reserve list prepared pursuant to Exhibit P1 notification for appointment to the post of Officer Scale-1 as well as Office Assistant (Multipurpose) in the Regional Rural Banks (hereinafter referred to as 'RRB'). The documents and parties are being referred to as arrayed in W.P.(C).No.32959 of 2016.

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2.It is stated that Exhibit P1 notification was issued by the 1^st respondent for appointment of Group-A Officers (Scale-1, II and III) and Group B Office Assistant (Multipurpose) in RRB. The Kerala Grahmin Bank was one among the participating banks shown in Exhibit P1. The petitioners were candidates in the aforementioned selection. They had applied for appointment pursuant to Exhibit P1 and had opted for the Kerala Grahmin Bank in their applications showing the order of preference. By Exhibit P3, they were informed that they

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W.P.(C).Nos.32959/16 & con.cases.

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had been included in the reserve list prepared in terms of Clause K of Exhibit P1 notification. By Exhibit P4 the petitioner contends that the Kerala Grahmin Bank had notified 39 ST vacancies in the post of Officer Scale-I. It is further contended that Exhibit P5, a fresh notification has been issued for appointment to the post of Group-A Officers (Scale-1, II and III) as well as Group B Office Assistants (Multipurpose) for appointment in RRB. The list of vacancies attached to Exhibit P5 notification shows that in the post of Group-A Officers (Scale-1) there are 153 vacancies available including 79 general vacancies and in the post of Office Assistants (Multipurpose), 206 vacancies available including 129 general vacancies. It is therefore contended that those vacancies which arose during the period from January 2016 to December 2016 are to be reported to the Institute of Banking Personnel Selection (hereinafter referred to as 'IBPS') to be filled up from the reserve list in which the petitioners were included.

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3.Heard the learned counsel for the petitioners, the learned Assistant Solicitor General of India, the learned standing

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W.P.(C).Nos.32959/16 & con.cases.

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counsel for the 1^st respondent as well as the learned standing counsel for the Kerala Grahmin Bank.

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4.It is contended by the learned counsel for the petitioner that Clause K of Exhibit P1 notification specifically provides for a preparation of a reserve list to the extent of 10 percent of the total vacancies and for the reporting of vacancies which arise during January 2016 to December 2016 from the said list. It is, therefore, contended that the vacancies shown in Exhibit P5 would have arisen during the relevant period and are to be reported to the IBPS for appointment from the reserve list.

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5.The learned counsel for the 1^st respondent has filed a statement contesting the very maintainability of the writ petition. However, in view of the nature of directions I propose to issue, I am of the view that the maintainability of the writ petition as against the 1^st respondent does not arise for consideration. The 1^st respondent specifically states in its statement that the vacancies notified by the 3^rd respondent for the posts as per the Annexures appended to Exhibit P5

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W.P.(C).Nos.32959/16 & con.cases.

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advertisement dated 09.09.2016 are only indicative and anticipated vacancies. It is stated that the vacancies notified therein are the vacancies identified during the period from February 2017 to January 2018, i.e, for one year from the date of provisional allotment. The prospective vacancies declared by participating RRB are based on their requirement for the prescribed period. It is further stated that the reserve list prepared by the IBPS to the extent of 10% of vacancies can be operated only if the RRBs concerned report the existence of any further vacancies which arose during the period from January, 2016 to December, 2016 during the currency of the reserve list which is to expire on 31.12.2016. It is submitted that in the instant case, no such reporting has been done and therefore IBPS is not duty bound to act upon such list.

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6.The learned Standing Counsel appearing for the 3^rd respondent would contend that there were no vacancies in existence or anticipated for the period from Januray 2016 to December, 2016 which is the period covered by Exhibit P1 notification. It is, therefore, stated that the general list as well

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W.P.(C).Nos.32959/16 & con.cases.

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as the reserve list prepared pursuant to Exhibit P1 notification would have no application in the case of the 3^rd respondent. It is further stated that the 3^rd respondent would be under no obligation to report any vacancies for filling up from the reserve list prepared pursuant to Exhibit P1 notification. It is contended that list of vacancies appended to Exhibit P4 notice would make it clear that there were only 39 vacancies of Officers Scale -I in the ST category and no vacancies in the post of Office Assistants(Multipurpose). In the above view of the matter, it is contended that there was no compulsion to make any report of vacancies to the IBPS and the petitioners, therefore, have no right to claim appointment from the reserve list.

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7.I have considered the contentions advanced. The relevant provision in Clause K of Exhibit P1 notification reads as follows:-

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“xxx xxx xxx xxx xx

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A reserve list to the extent of approximately 10 percent of the vacancies under each category may be kept, subject to the availability of candidates. This does not guarantee

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W.P.(C).Nos.32959/16 & con.cases.

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provisional allotment to/recruitment by the RRBs. In the event of RRBs providing further vacancies during January 2016-December 2016, provisional allotment will be carried out for the candidates in the reserve list. However, if no vacancy is furnished by the RRBs owing to exigencies or otherwise during the validity period the candidates under the reserve list will not be considered for provisional allotment. The reserve list will expire automatically on 31.12.2016 without any notice. Candidates who are not provisionally allotted or not in the reserve list will not be considered for any further process under CWE RRBs-IV for vacancies for January 2016-December 2016.”

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8.A reading of opening paragraph of Exhibit P1 would show that

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the selection is to be conducted once in an year during the course of the said year for filling up anticipated vacancies which is to arise during the next year. The entire process of conduct of the common written examination, interview, provisional allotment etc. are to be carried out within the year in question. It is also provided that a reserve list consisting of 10% of the total vacancies may be prepared by IBPS. If the RRBs provide any further vacancies which arise during January, 2016 to December,2016 to the IBPS during the

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W.P.(C).Nos.32959/16 & con.cases.

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currency of the said reserve list, provisional allotments can be made by IBPS from the said reserve list.

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9.It is stated by the learned counsel for the petitioners that there were 3956 vacancies in the post of Officer Scale-I reported pursuant to Exhibit P1 advertisement and 7365 vacancies in the post of Officer Assistants (Multipurpose). It is therefore urged that reserve list consisting of 395 candidates for the post of Officer Scale-I and 736 candidates for the post of Office Assistants (Multipurpose) had been prepared by the IBPS. In the above view of the matter, it is contended that the 3^rd respondent which has reported vacancies for further selection by Exhibit P5 ought to have made appointments from the reserve list to the extent of candidates available in the said list.

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10.Having considered the provisions contained in Exhibit P1 that selection is conducted to fill up vacancies anticipated to arise during the subsequent year and the relevant portion of Clause K of Exhibit P1, I am of the opinion that the provisions contained in Clause K would only relate to additional

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W.P.(C).Nos.32959/16 & con.cases.

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vacancies which would arise during the period from January, 2016 to December, 2016. It is only those unforeseen vacancies or additional vacancies which arise for the period which have not been reported to the IBPS for conduct of selection that would be liable to be reported to the 1^st respondent for filling up the vacancies from the reserve list. In the above view of the matter, I am of the opinion that Exhibit P1 covers the vacancies which were anticipated to arise during January, 2016 to December,2016 and Exhibit P5 notification is with respect to anticipated vacancies which were to arise from January,2017 to February, 2018. In such circumstances, the only question which remains for consideration is as to whether any of the vacancies which have been shown in the Annexures of Exhibit P5 had actually arisen in the 3^rd respondent Bank during the period of January, 2016 to February,2016. It is for the 3^rd respondent to make an assessment as to whether any such vacancies were available to be reported to the IBPS for filling up from reserve list prepared pursuant to Exhibit P1 notification.

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W.P.(C).Nos.32959/16 & con.cases.

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11.In the result, there will be a direction to the 3^rd respondent to consider whether any of the vacancies which have been reported for appointment on the basis of Exhibit P5 had actually arisen during the period from January, 2016 to December, 2016. If it is found that any of such vacancies had been in existence during the above mentioned years, the 3^rd respondent shall also consider whether such vacancies can be reported to the 1^st respondent for appointment from the reserve list. The assessment, as directed above, shall be completed within a period of ten days from the date of receipt of a copy of this judgment. In case the 3^rd respondent decides to report such vacancies to the 1^st respondent for filling up from the reserve list, the same shall be done on or before the 31.12.2016.

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These writ petitions are ordered accordingly.

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sd/ Anu Sivaraman, Judge

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Jishnu.J. v. Institute of Banking Personnel Selection

Case brief

What is this about?

What did the court decide?

Jishnu.J. v. Institute of Banking Personnel Selection

Case brief

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What did the court decide?

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