VIJAY SINGH, ASSISTANT DEVELOPMENT OFFICER, NATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENT, REGIONAL OFFICER, CHANDIGARH Vs. NATIONAL BANK FOR AGRICULTURAL AND RURAL DEVELOPMENT, WORLI, BOMBAY

JUDGEMENT

(1.) The petitioner, who belongs to Scheduled Caste category, was working in the Reserve Bank of India since 8th May, 1974. He was appointed as an Assistant Development Officer on 24th May, 1983 in the National Bank for Agriculture and Rural Development (hereinafter called 'NABARD'). NABARD was created under the NABARD Act, 1981.

(2.) The officers of NABARD are divided into grades 'A', 'B', 'C', 'D', 'E', 'F' and 'G'. Grade 'A' is the lowest rank in the cadre of officers. The petitioner is a Grade 'A' Officer. He was considered for promotion to Grade 'B' in the year 1986, but was not found suitable for promotion. He challenged his non-selection by way of the present writ petition, primarily on the ground that the Selection Committee which interviewed the petitioner, had not been properly constituted as per NABARD (Staff) Rules, 1982, and the instructions issued by NABARD. A copy of the instruction dated 30th September, 1985 has been attached as Annexure P.1.

(3.) According to the learned counsel for the petitioner, it is the requirement of the instructions (Annexure P.1) that in the Selection Committee for the purpose of interview, one member necessarily is to belong to Scheduled Caste/Scheduled Tribe, who should be of the rank equivalent or higher to the one for which the promotion is to be made. According to the petitioner, the member of Scheduled Caste who is inducted in the Selection Committee has to be from the Bank itself and not an outsider and since one Mr. D. Ramaswamy who was inducted as a member belonging to Scheduled Caste was from the Reserve Bank of India and not from NABARD, therefore the constitution of the Selection Committee was illegal and any selection made by it was null and void.