RAGHVENDRA PRASAD GAUTAM Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) QUESTION of law which crops up for consideration on a reference by the Division Bench is :

(2.) WHILE referring the said question of law Division Bench raise some doubts as to correctness of the judgment in Raghvendra Prasad Gautam v. Union Bank of India : 1999(1) M.P.LJ. 42; wherein the stipulation requiring a candidate to secure minimum marks of 35% in English to qualify written test for the purpose of promotions under the All India Service Category was upheld holding thereby that, it does not contravene sub-section (4) of Section 3 of the Official Languages Act, 1963 (hereinafter referred to as the Act of 1963).

(3.) THE Promotion Policy provides for two channel system to promotion from clerical cadre to officer cadre in Junior Management Grade Scale I, viz., (i) State services (seniority-cum-merit) (ii) All India Services (merit)