R.V. Raveendran, J.—The appellant (also referred to as the 'Bank') is a company incorporated under the Companies Act, 1913. It is a Banking Company in the private sector governed by the Banking Regulation Act, 1949. The Articles of Association of the Bank confer the power of appointment, of clerical staff and subordinate employees, on its the Board of Directors and its Chairman concurrently. The Reserve Bank of India has issued some advisory instructions to the Private Sector Banks, in the matter of recruitment of clerical and other staff.

2. The appellant-bank made recruitments to some posts in clerical cadre during the years 1988, 1993 and 1995. In that behalf it issued advertisements in the newspapers inviting applications from qualified candidates. It also held written tests and on the basis of the performance in the written test, invited candidates for interview and made final selections.

3. The Respondents 1 and 2 in Writ Appeal No. 8549 of 1996 were unsuccessful candidates in regard to the 1988 recruitment. Respondents 1 to 7 in Writ Appeal Nos. 8541-47 of 1996 were the unsuccessful candidates in regard to recruitments in 1993 and 1995. Respondent No. 1 in Writ Appeal