LAWS(MPH)-2014-2-24

MADHYANCHAL GRAMIN BANK Vs. LAXMAN LAL OJHA

Decided On February 07, 2014
Madhyanchal Gramin Bank Appellant
V/S
Laxman Lal Ojha Respondents

JUDGEMENT

(1.) On the joint request of the parties, these similar review petitions are analogously heard and decided by this common order.

(2.) These review petitions are arising out of orders passed in W.A.No.707/2010 and other connected matters, decided on 18.10.2013. The writ appellate court has affirmed the order passed in W.P.No.2025/08 and other connected matters.

(3.) Shri V.S.Shroti, learned senior counsel raised two fold submissions. Firstly, it is contended that the direction passed by the writ court in para 16(3) runs contrary to the statutory rules. Secondly, it is contended that the direction of writ court runs contrary to the settled legal position and judgments of Supreme Court. To elaborate, it is contended that the promotion in question is governed by Statutory Rules. The constitutionality of the said rules was not called in question before the writ court. As per those rules, the marks obtained by the candidates in the written test need to be taken into account for the purpose of selection.