JASBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners in this bunch of six petitions pray that the selection and appointment made by the Fatehgarh Sahib Central Cooperative Bank Limited, Sirhind to the posts of Junior Clerks and Clerk-cum-Typists be quashed. Learned counsel for the parties have primarily referred to the facts as averred in CWP No. 9744 of 1996. These may be briefly noticed.

(2.) On March 15, 1996, the Bank published advertisement inviting applications for recruitment to the posts of Junior Clerks/Clerks-cum-Typists and Stenotypists. All the posts were in the pay scale of Rs. 1450-2950. The candidates were asked to submit their applications within 10 days from the publication. Various candidates including the petitioners and respondent Nos. 7 to 63 submitted their applications. The petitioners were not selected. They have filed the present writ petition with the grievance that the selection made by the respondent-Bank is illegal. It has been alleged that the Selection Committee was not constituted in accordance with the instructions issued by the Registrar of the Cooperative Societies vide letter dated February 11, 1985, a copy of which has been produced as Annexure P.7 with the writ petition. The criterion laid down for selection by the Registrar vide his letter dated January 5, 1986 was also not followed. The Selection Committee did not follow any specific criteria. No written test was held. In fact, the interviews were conducted from May 16, 1996 to May 24, 1996. Immediately thereafter, the letters of appointment were issued on May 25, 1996. On the same day, respondent Nos. 7 to 63 had joined. Even the conditions regarding medical examination etc. were not fulfilled. It is further alleged that persons close to the Managing Director were selected while meritorious candidates like the petitioners were arbitrarily rejected. On these premises, the petitioners pray that the selection and appointment of respondent Nos. 7 to 63 be set aside.

(3.) The claim made by the petitioners has been controverted by the respondents. A written statement has been filed on behalf of the State of Punjab and the Registrar, Cooperative Societies by Mr. J. S. Puri, Joint Registrar, Cooperative Societies, Patiala. A separate written statement has been filed by the Managing Director of the respondent-Bank on his own behalf and on behalf of the Bank. Another written statement has been filed on behalf of some of the selected candidates. It has been inter alia averred that the Bank had advertised the posts in the Press. The qualifications, as prescribed in the rules were laid down. A total of 1130 applications were received. The candidates were asked to appear in type test and the interview. Out of the total applicants, only 769 candidates appeared. Ultimately, a total of 56 candidates were selected. Out of these, 39 belonged to the general category, three were from amongst the members of the Backward Classes and 14 belonged to the category of Scheduled Castes. There were two posts of stenotypists. 50 candidates had applied. 25 had appeared for the test and only one could qualify. He was selected and appointed. The selected candidate possesses the qualification of M.A. in English. Details regarding the academic qualifications of the selected candidates have been furnished in the written statement filed by respondent No. 4 to indicate that those who possessed better qualifications were actually selected and appointed. It has been further stated that the Selection Committee had been appointed in strict conformity with the instructions issued by the Registrar vide letter dated September 14, 1988. In view of this letter, the earlier instructions issued vide letter dated February 11, 1985 stood superseded. The Registrar had also taken care to depute the Joint Registrar, Patiala Division, as a member of the Selection Committee. The selection was made on merit. The petitioners who had faired poorly in the written test have no cause for grievance. The allegations regarding the selection and appointment of the relations have also been controverted. It has been further pointed out that the selected candidates were called upon to fulfil the requirements regarding medical examination etc. within a period of 10 days. The needful has already been done. It has also been averred that the proceedings of the selection Committee and the orders of appointment were ratified by the Board of the respondent-Bank on June 5, 1996. Consequently, it has been prayed that the Writ Petition be dismissed.