Siba Prasad Pani Vs The Life Insurance Corporation of India

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4670 of 2024

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Siba Prasad Pani, Son of Sarat Chandra Pani, Resident of Village- Golagola, P.S.- Nayagarh, District- Nayagarh (Orissa).

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Suraj Chandra Gupta, Son of Sri Gautam Kumar Gupta, Resident of VillageKhagaria, Near Old Hospital P.S.- Khagaria, District Khagaria.

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Sangit Kumar, Madhab Jha Resident of Village- Vidyapuri Near Ganja Chowk Near Old Hospital, P.S. and District-Supaul.

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Sudhir Kumar, Son of late Mahendra Narayan Yadav Resident of Village and P.O.- Pirnagara, P.S.- Beldaur, District- Khagaria.

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... ... Petitioner/s

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Versus

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1. The Life Insurance Corporation of India Central Office, Yogakshema Building, Jeevan Bima Marg, Nariman Point, Mumbai.

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The Chairman, Life Insurance Corporation, Central Office, Yogakshema Building Jeevan Bima Marg, Nariman Point, Mumbai.

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The Zonal Manager, Life Insurance Corporation of India, East Central Zone, Patna.

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The Executive Director (Mktg./PD) and Chief Marketing Officer, Life Insurance Corporation of India, Central Office, Yogakshema, Jeevan Bima Marg, Nariman Point, Mumbai.

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The Senior Divisional Manager, Life Insurance Corporation of India, Division Office, Bhubaneshwar Divisional Office, Jeevan Prakash, Plot No. 149 (P), D-Plot No. P/1, Ananta Vihar, Pokhariput, Bhubneshwar.

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The Senior Divisional Manager, Life Insurance Corporation of India, Krishna Bhawan, Vishnu Cinema Campus, Begusarai, District- Begusarai.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate Mr. Dhananjay Kumar Gupta, Advocate For the Respondent/s : Mr. Rajni Kant Singh, Advocate Mr. Rakesh Kumar, Advocate Mr. Abhimany Vatsa, Advocate Mr. Manish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER

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2 05-07-2024 1. The petitioners were agents of Life Insurance

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Corporation of India. In or about 2023, as a part of Financial Service Execution Scheme (FSE), LIC issued a notification for

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Patna High Court CWJC No.4670 of 2024(2) dt.05-07-2024 2/4

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recruitment of ADOs from the criteria of LIC agents. It is specifically stated in relevant clause of experience at page 25 that the applications should have requisite experience as on 1^st of January, 2023 as indicated below:-

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Category of Applicant	For Recruitment in Urban Area	For Recruitment in Rural Area
i) LIC Employee Category	Not less than 3 years of ser Class III cadre in LIC of In	vice after confirmation in dia.
ii) LIC Agents Category or other than Agent, such as DSAs/FSEs	Not less than 5 years as an LIC agent or other than Agent, such as DSAs/FSEs and has brought a Net First Year Premium Income of not less than_₹5,00,000/- during theimmediately preceding5 financial years and a Net First Year Premium Income of not less than₹_1,00,000/- on 50 lives in any 3 (Three) of these financial years.	Not less than 4 years as an LIC agent or other than Agent, such as DSAs / FSEs and has brought a Net First Year Premium Income of not less than_₹_ 1,00,000/- on 50 lives per year in any 3 of the immediately preceding4 financial years.
iii)Others Category (Open Market)	Preference would be given least 2 years experience in in marketing of financial p	to candidates who have at life insurance industry or roducts.

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On perusal of the applications form of the petitioners at page 43, 47 and 51, it appears that the candidates/petitioners submitted their Net First Year Premium for the year 2008 to 2012. However, the petitioners were directed to submit Net First Year Premium income of not less than Rs. 5,00,000/- during the immediately preceding 5 financial years and Net First Year Premium Income of not less than Rs.1,00,000/- on 50 lives in any 3 (Three) of these financial years. Therefore, the petitioners were under obligation to file

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Patna High Court CWJC No.4670 of 2024(2) dt.05-07-2024 3/4

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their collection of premium for 5 years immediately preceding to 1^st of January, 2023 but the same has not been filed.

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The Life Insurance Corporation, subsequently, however, issued interview letter to the petitioners vide Annexure-P4. In the interview letter, it was clearly stipulated that the interview letter was only a call letter for interview and not an offer of appointment. Secondly, before coming for the interview, the candidates must ensure that they were eligible according to the eligibility criteria stipulated in the advertisement notification and if they were not eligible, their candidature would be rejected at any stage of recruitment. Thirdly, even if they have qualified in the online examination, but subsequently it was found that they did not fulfill the eligibility criteria, their candidature will be rejected and they would not be allowed to appear for the interview.

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It is contended on behalf of the respondents that since they have failed to comply with the eligibility criteria as per advertisement notification, their results were not published.

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Under similar facts and circumstances, a Coordinate Bench of this Court disposed of C.W.J.C. No. 2696 of 2023 on 19^th of July, 2023, holding, inter alia , that the petitioners did not have eligibility criteria and, therefore, no

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Patna High Court CWJC No.4670 of 2024(2) dt.05-07-2024 4/4

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enforceable claim was made out in the said writ petition.

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In the instant case also, the petitioners were not able to establish any enforceable claim, as a result of which this Court do not have any other option but to dismiss the instant writ petition summarily.

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At this stage, it is submitted by the learned Advocate on behalf of the petitioners that the petitioners also got the second interview call after being successful in the first examination, therefore, they should be recruited as a D.O.

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Second recruitment call issued in favour of the petitioners does not make any difference with regard to their obligation to file eligibility criteria for 5 years preceding on 1^st of January, 2023.

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