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2003(6) Supreme 196
SUPREME COURT OF INDIA
(From Punjab & Haryana High Court)
S. Rajendra Babu & Doraiswamy Raju, JJ.
Ludhiana Central Co-operative Bank Ltd. -Appellant
versus
Amrik Singh and Ors. -Respondents
Civil Appeal Nos. 3729-3730 of 1999
Decided on 19-8-2003
Counsel for the Parties :
For the Appellant : M.C. Bhandare, Sr. Advocate, Ashok Aggarwal, Vineet Sinha and R.P. Saxena, Advocates.
For the Respondent : V.R. Reddy, Sr. Advocate, Manoj Swarup, Manish Khandelwal, Hiren Dasan, Deabasis Misra, Advocate (NP)/Advocates.
Held : The whole process appear to have been not only perfunctory but really a farce of selection vitiated by award of indiscriminate marks to boost up candidates of choice and unreasonably put down others in utter disregard and derogation of the binding guidelines. Indisputably, the power to appoint is vested in the Board of Directors of the appellant-Bank under the bylaws and the constitution of a Committee for the selection of candidates by conducting tests and interviews cannot clothe the said committee with also powers to finalise the same without the approval of the Board and/or either declare the results of selection on their own or appoint persons pursuant to such selections without reference to the Board. There is a serious claim by the appellant-Bank, that the assessment of candidates appear to be in gross violation of the binding circular orders of the Registrar of Co-operative Societies dated 31-12-91. The High Court while passing the order on 22-10-97 allowing the writ petition, could not have ignored the directions of the Registrar on 9-1-97 and 31-1-97, the ban orders of the Government issued on 10-2-97 and the final directions issued on 3-4-97 by the Registrar as to what should be done in all pending as well as fresh matters to ensure transparency as well as to mete out real and effective justice to all aspirants for the jobs in question, by finding a solution of its own without even looking into the records relating to the selection to satisfy itself as to the legality, propriety regularity and reasonableness of the so called selections and the process adopted by the Committee before directing action to be taken in implementation thereof. Even otherwise it is well settled by now that a person whose name is said to find place in a select panel has no vested right to get appointed to the post in spite of vacancies existing. The appointing authority cannot afford to ignore individual claims at its whim or fancy, in operating such panel or making appointments on the basis of the panel, by merely pick and choose of candidates. The High Court could not have directed the publication of results or to accord appointments as per such results, all the more in this case, in the teeth of and in derogation of the circular orders of the Registrar of Co-operative Societies dated 3-4-97 which decision seem to have been taken as a matter of policy and for uniform application to all cases pending finalisation as well as for any new proposals for recruitment of staff relating to all Co-operative Banks in the State. The High Court, ought to have, at any rate, gone into all these relevant and vital aspects at least when serious irregularities have been brought to notice by filing a review petition, by calling for production of the relevant records. The cavalier fashion in which it seems to have been rejected cannot meet with our approval, at any rate on the peculiar facts and circumstances, highlighted in this case. (Para 8)
JUDGMENT
Rajendra Babu, J.-The appellant-Bank invited applications for the posts of Junior Clerks/Junior-Clerk-cum-Typist by means of an advertisement in "Indian Express" newspaper dated 24-5-96, in the then pay scales of Rs. 1450-2950, plus usual allowances. Similar advertisements were issued in two other daily newspapers also on 25-5-96. The last date was fixed for receipt of applications as 8.6.96. All these were done pursuant to the decision taken by the Board of Directors of the appellant-Bank. As many as 1565 applications were said to have been received and the private respondents who were writ petitioners before the High Court seem to be few among those applicants. The Board of Directors appears to have constituted a Committee to conduct the selection, consisting of (a) President of the appellant-Bank; (b) Managing Director of the appellant-Bank; (c) A Director of the appellant-Bank (Shri Harmohinder Singh); (d) A nominee of the Registrar of Co-operative Societies Punjab and (e) General Manager of the Punjab State Cooperative Bank Ltd. (Shri Sohan Singh - nominated member from the State Government). During the period from 19-12-1996 to 28-12-96, typing tests and interviews were said to have been conducted by the said Selection Committee, and a merit list was also stated to have been prepared, though signed by only three out of five members of the Committee and that the two who did not sign it were said to be (d) and (e) mentioned above.
2. While so, in the teeth of the announcement made on 30-12-1996, for conduct of General Elections in the State for the Legislative Assembly, on 9-1-97 the Registrar of Co-operative Societies seem to have written to the appellant-Bank to freeze all appointments, followed by another letter dated 21-1-97 to all the Co-operative Banks in the State that recruitment process could be resumed only with the specific prior permission of the Registrar. After the general elections, it is stated that on 9-2-97 a new Government took over the reigns of administration in the State and in the place of erstwhile Congress Party Akali Dal appears to have become the ruling party. On 10-2-97 the Chief Secretary to the Government is stated to have communicated to the Registrar of Co-operative Societies and all other State Corporations that the Government had banned all recruitments/appointments/transfers, at all levels, until the election process is completed by the new Government taking over the charge. While so, the Manager of the appellant Bank by a letter written on 21-2-97 to the Registrar of Co-operative Societies sought for permission to declare the results and make appointments. The Registrar, by his communication dated 3-4-97, wrote to all the Joint Registrars and Deputy Registrars of Co-operative Societies and Managers of all Co-operative Banks, in continuation of his earlier letter dated 21-1-97, that in some Co-operative Banks, the vacancies were not notified to the Employment Exchange and sufficient time was also found not given in calling for interviews resulting in number of deserving candidates being denied an opportunity to participate in the selection process and also could not appear for interview and consequently directed all Co-operative Banks to (a) notify to the concerned Employment Exchange in accordance with the instructions of the Government the vacancy position before making any recruitment; (b) give public notice/advertisement in newspaper for vacant posts for information of general public; (c) that even those banks which have already given advertisements in newspapers also give again advertisements in newspapers setting out the latest position of vacant posts, indicating at the same time that those who had already submitted their applications pursuant to the earlier advertisement need not apply again and (d) in order to maintain parity in the standard of test/interview for recruitment, a combined test/interview of old and fresh candidates be held again.
3. While matters stood thus,
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