ANIL DEV SINGH Vs. J&K BANK LTD

JUDGEMENT

(1.) THE selection of probationary officers made by the Jammu and Kashmir Bank Ltd. (hereinafter referred to as the Bank) is the subject matter of challenge in this bunch of writ petitions. These shall stand disposed of vide this common order.

(2.) THE only argument which has been put across by the petitioners in all the petitions is that condition No. 8 in the advertisement notice has been violated and candidates more than 8 percent belonging to SC/ST category have selected by examined. This is main thrust of attack in all petitions. As much stress has been laid on condition No. 8, it is being reproduced below: -

(3.) IT be seen that the clause noticed above in mandatory terms provides that there shall be reservation upto 8 percent in case of SC/ ST category. A plain reading of the aforementioned clause indicates that atleast 8% reservation was to be there in favour of the aforesaid category. The number is not to be less. If the number has exceeded that would not be hit by any statutory provision. As a matter of fact the reservation can go upto 50 percent of the total number of vacancies. As the selection under this category is within that limit i.e. less than 50%, therefore, the argument raised by the petitioners that only 8% reservation was there for SC/ST category cannot be accepted. What was mandatory was that there should be at least 8% reservation. If the Bank in the matter of making selection has exceeded by one or two posts in this regard, then this cannot be said to be in breach of notification, referred to above. 4. So far as other allegations regarding fixation of marks in the interviews are concerned, the Supreme Court of India in number of cases has held that these numbers can go even upto 50 percent. See the following decisions in Anzar Aheed v. State of Bihar AIR 1994 SC 141, where the allocation of 50% marks was for a written test and 50% for interview. This was upheld. In State of UP. vs. Rafiqudin, AIR 1988 SC 162 allocation of 35": of marks as minimum marks for qualifying in the viva -voce test was upheld. In Mehmood Alam Tariq v. State of Rajasthan AIR 1988 SC 1451, the Supreme Court of India again upheld 35% marks minimum qualification for viva voce.