RANJIT KUMAR SANDWAR AND OTHERS WITH FIVE OTHERS Vs. THE CHAIRMAN, BANKING SERVICE RECRUITMENT BOARD (EASTERN GROUP), CALCUTTA & OTHERS

JUDGEMENT

(1.) All these applications have been heard together because common points are involved and will be governed by this common judgment: The petitioners have prayed for the issuance of a writ in the nature of certiorari quashing the decisions and also the appointment of persons to the ministerial posts in the nationalised banks and further for the issuance of a writ of mandamus to appoint the petitioners who were successful at the time of the interview for the appointment in the nationalised Banks.

(2.) In order to appreciate the points raised in these applications, it will be necessary to refer to certain facts. There was an advertisement for the appointment of Cashier, Clerk -cum Cashier, Godown Keeper, Clerk -cum -Godown Keeper and other allied clerical posts in 20 nationalised banks on 30.6.1982 which was published in the Indian Nation by the Banking Services Recruitment Board (Eastern Group) (hereinafter to be referred to as B.S.R.B.) and the applications were invited for the States of Bihar, West Bengal, Orissa, Sikkim and Andaman Nikobar Island and there were 1713 vacancies in the State of Bihar. A copy of the said advertisement has been filed and marked Annexure -1. The petitioners appeared at the examination which was held on 8.5.1983 and results were declared on 24.10.1983 and 28.10.1983. A copy of the result, so declared, has been filed and marked Annexure -2 series. The successful candidates were interviewed from 28.10.1983 to 1.11.1983 and some of them were appointed on the basis of the merit list prepared and also absorbed in the nationalised banks.

(3.) The State Bank of India also advertised for similar posts and advertisement was issued on 19.4.1982 by the Regional Recruitment Board (hereinafter to be referred to as the R.R.B.) for 960 vacancies -for different branches in the State of Bihar. A copy of the advertisement has been filed and marked Annexure -3. Written examinations were held from 12th to 19th September, 1982 and the results were published on different dates i.e. 3.1.1983, 18.2.1983, 21.3.1983 and 12.5.1983 in the Indian Nation, Patna and in all 3177 candidates were declared to be successful and out of them 969 were appointed and posted in different banks. The petitioners then later came to know that some vacancies in the nationalised banks were filled up from the panel prepared by R.R.B., which was in clear contravention of the rules and there were two different standards by the two recruitment boards. The petitioners waited for their appointments in the vacancies which had occurred in the nationalised banks, but no letter was issued to them; rather those who were in the panel of R.R.B. were drafted. The petitioners, therefore, have moved this Court under Articles 226 and 227 of the Constitution of India.