NABA KUMAR BISWAS Vs. BANGIYA GRAMIN VIKASH BANK

JUDGEMENT

(1.) This appeal is arising out of an order dated 11th July, 2019 in a writ petition filed by the appellant challenging the procedure adopted by the respondent Bank for the promotion from the post of Office Attendant (Gr-C) to the post of Office Attendant (Gr-B).

(2.) A selection process was initiated by the respondent Bank to fill up the vacancies as on 31st March, 2013 in accordance with the Regional Rural Banks (Appointment and Promotion of Officers and Employees) Rules, 2010. As per the Rules, the selection was to be made on the basis of marks obtained on combined performance in the written test and the interview. Out of total 100 marks, 70 marks were allotted for the written test and 30 marks for the interview. 40% in aggregate was the minimum cut-off marks required for being eligible for promotion. The petitioner being fully conversant with the aforesaid rules and the promotion norms participated in the online test along with other candidates, which was held on 19th January, 2014. The said online test was conducted by the Institute of Banking Personnel and Selection. The petitioner was directed to appear before the Interview Board on 7th February, 2014. A final list of selected candidates was published wherein the name of the petitioner did not appear. The list contained the name of several candidates who were junior to the petitioner in the inter se seniority list published by the Bank. The petitioner being aggrieved by non- inclusion of his name in the merit list of candidates eligible for promotion challenged the promotion process by filing a writ petition. In the said writ petition (hereinafter the first writ petition), the petitioner challenged the awarding of marks. The learned Single Judge considered the grievance of the petitioner and did not found any merit in such contention and, accordingly, dismissed the said writ petition. The petitioner accepted the said order and had not preferred any appeal against the said order.

(3.) Undeterred by the said dismissal of the first writ petition after completion of the promotion process, the appellant filed the second writ petition in which he has challenged amongst others the allocation of marks, namely, the marks allotted in the written test as well as in the interview. The writ petitioner this time contends that his marks in the written test may have been deliberately depressed to artificially make the petitioner ineligible for promotion and the allotment of 30 marks out of 100 for an interview is arbitrary and leaves room for manipulation. Initially, the appellant was successful in obtaining an interim order on 19th February, 2015 by which the respondent bank was directed to ensure that at least one post of Office Assistant (multi-purpose) is left vacant till disposal of the writ petition since the petitioner may be entitled to the same if the petition succeeds.