AISWARYA K S Vs. KERALA GRAMIN BANK

JUDGEMENT

(1.) Petitioners are candidates who appeared in the process of selection held by the 2nd respondentthe Institute of Banking Personnel Selection (IBPS) pursuant to Ext P1 notification issued by them, for appointment as Office Assistant (Multipurpose) pursuant to Ext.P1 notification inviting on-line applications for common recruitment process for Regional Rural Banks for recruitment of Group A officers and Group B Office Assistant (Multipurpose) . The first respondent is one among the 56 Participating Banks for which recruitment is held.

(2.) Petitioners submit that they being candidates from Kerala, had opted for appointment in the first respondent Bank. The notification was published in January 2015. After being successful in the written test, they appeared in an interview held in November 2015. Ext P3 results published in the web site in January 2016, shows that based on her performance, the petitioner was considered for the reserve list, subject to vacancies provided by the RRBs. While petitioners were awaiting appointment the 2 nd respondent published Ext P4 notification, again inviting applications for the same post. According to the petitioners, 31 vacancies arose under the 1st respondent Bank between July and August 2016 on account of resignation and retirement. It is also pointed out that 153 Office Assistants (Multipurpose) got promotion subsequent to that and there arose further vacancies and therefore they should be appointed against those vacancies.

(3.) The contention of the respondents is that petitioners are included in the reserve list and there is no system of making appointments as and when resignation or retirement occurs. If the Bank, after assessment finds that there is requirement of personnel, it will report the same to IBPS, for recruitment. It is their case that the notification was issued at a time when no vacancies were reported for the year 2015 to the IBPS and therefore 1st respondent is not bound to make any appointment, especially when there is no requirement. More over it is pointed out that clause K of Ext.P1 notification provides for publication of a reserve list to the extent of approximately 10 per cent of the vacancies under each category, subject to the availability of candidates. It also provides that this will not guarantee provisional allotment. Petitioners are included in such a reserve list. As the selection was conducted for several Banks and the 1st respondent Bank was only one of the participating Banks which had not furnished any requisition to IBPS and did not report any vacancies the 1st respondent is not bound to make any appointment. As per clause K, when no vacancies are reported by the Regional Rural Banks owing to exigencies or otherwise during the validity period, the candidates under the reserve list will not be considered for provisional allotment and the reserve list will expire automatically on 31.12.2016 without any notice. It is also provided that, 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.