CHAIRMAN, J&K BANK LTD Vs. TARIQ AHMAD WANI

JUDGEMENT

(1.) THIS revision petition has been directed against the order dated 18 -7 -1995 passed by the learned III Subordinate Judge (Forest Magistrate), Srinagar in the Civil Suit titled Tariq Ahmad Wani versus Chairman, J&K Bank Ltd. and others. By virtue of this order the learned trial court has directed petitioner No. 2 herein to produce the entire records relating to the written - test and viva -voce conducted for selection and appointment of candidates against the posts of Clerk -cum -Cashier in the J&K Bank.

(2.) BRIEFLY put, the facts are that the petitioner No.1, through petitioner No.3, published a Notification in the Daily Kashmir Times in its issue date 10th March, 1993 inviting applications from permanent residents of Jammu & Kashmir State for the post of Cashier -cum -Clerks. The respondent plaintiff alleges that he fulfilled all the required qualifications and applied for the post. He appeared in the written -examination, but he was declared unsuccessful. The result of the candidates who had qualified the written -examination was published in Daily Alsafa in its issue dated 1st of July, 1994. The respondent was declared not qualified for calling him for Viva -voce. He has come up with the aforesaid suit alleging that no criteria followed by the respondents in the said test was shown to him. He has also alleged that his results were not shown to him. According to him, the petitioners got the written -test conducted through petitioner No.2, Institute of Banking Personnel Selection, Bombay which is not local. He alleges bungling in the conduct of the written -test and, according to him, some blue eyed candidates, not on the basis of merit, but on the grounds of manipulations, have been declared successful. Petitioners, defendants, were asked to file written -statement. In their written -statement, they have averred that such Examinations for selection and appointment are being conducted by an independent body called Institute of Banking Personnel Selection, Bombay. That independent body has conducted the writ -ten -test for the selections in question. Plaintiff -respondent was declared unsuccessful in the said Examination, in as much as he did not qualify the test for being called for the viva -voce. It has also been pleaded by the defendant -petitioners that more than 20,000 candidates appeared in the written -test.

(3.) THE learned trial court on the interim application of the respondent -plaintiff, immediately after the defendants in the suit filed their written -statement and before framing the issues in the suit, has passed the impugned order whereby he has directed the defendant petitioners to produce the entire record relating to the Examination conducted in pursuance of the said Notification of the candidates belonging to the State of Jammu and Kashmir. This order has been assailed in this revision petition on the grounds that the trial court cannot sit in appeal over the Selection Committee especially when it is an independent body. Secondly, it has been contended that there is no allegation of malafides with specific reference and, thirdly the entire record of more than 20,000 candidates, which includes application forms, certificates appended there with by respective candidates, written -examination papers, answer books etc. is a voluminous record, cannot conveniently be produced, nor the Court can go through such voluminous record.