The principle of "presumption of innocence" applies even to an accused who has been committed to trial, and in the absence of any law or pre-disclosed stipulation in the advertisement or service regulations, it would be impermissible for a potential employer in the State sector to make a contrary presumption.

1. THE writ petitioner is an aspirant for the post of Manager (I.T.) in Allahabad Bank, which is a nationalized bank.

2. THE petitioner had responded to an advertisement issued in the "Employment News" inviting applications for the said post. THE petitioner fulfilled the eligibility criteria as stipulated in the advertisement. THE advertisement carried particulars of vacancies for several posts in the bank, including the post of Manager-IT. THE advertisement, a copy of which has been made Annexure "PI" specified in detail the eligibility criteria for these posts and the procedure for selection. Column 10 of this advertisement contained "general instructions" for the candidates, and sub-clause (9) of this column specified:

"THE Bank would be free to reject any application, at any stage of the recruitment process if the candidate is found ineligible for the post for which he/she has applied. Decision of the Bank in all matters regarding eligibility of the candidate, the stages at which such scrutiny of eligibility is to be undertaken, the documents to be produced for the purpose of the conduct of examination, interview, selection and any other matter relating to recruitment will be final and binding on the candidate. No correspondence or personal enquiries shall be entertained by the bank in this behalf."

The petitioner was successful in both written test and oral interview held for the said post. On 4th June, 2009, the writ petitioner had received a communication through e-mail from the bank to the following effect:

"Congratulation! We are pleased to inform that you have been selected as Manager (IT) in our Bank. Appointment Letter has been issued and your date of joining is 22.06.2009 at the under mentioned address:"

3. THE actual letter of appointment was, however, issued on 2, June 2009 but this letter appears to have had been received by the petitioner at a later date. I shall henceforth refer to this letter as the appointment letter. This letter is captioned:

"Your appointment in Bank's Service as Manager (IT), MMG SCALE-II." THE opening sentence of this letter stipulates:- "This has reference to your selection for appointment in the Bank on the basis of Written Test and Interview".

4. CLAUSE 7 of this letter further provides:-

"7. That your appointment is conditional upon your submitting, in original, the following documents for verification of the Bank and subject to those being found to entire requirements and satisfaction of the Bank. 7.1 School Final/High School/Higher Secondary/Matriculation pass certificate showing your date of birth. 7.2 Graduation/Post-Graduation Degree Certificate, if Degree Certificate is not obtained, provisional Certificate must be submitted. 7.3 Certificate regarding passing of Computer Course and/or professional qualification, if any. 7.4 2 character certificates out of which one must be from the Head of the Educational Institution last attended by you and other from a Gazetted Officer or Bank Officer (not related to you). 7.5 Caste Certificate in case you belong to SC/ST or OBC. 7.6 Unqualified/satisfactory discharge/release certificate from your present employer, if you are already employed, positively before joining the Bank's service and in absence of the said certificate you will not be allowed to join the service".

"7. That your appointment is conditional upon your submitting, in original, the following documents for verification of the Bank and subject to those being found to entire requirements and satisfaction of the Bank. 7.1 School Final/High School/Higher Secondary/Matriculation pass certificate showing your date of birth. 7.2 Graduation/Post-Graduation Degree Certificate, if Degree Certificate is not obtained, provisional Certificate must be submitted. 7.3 Certificate regarding passing of Computer Course and/or professional qualification, if any. 7.4 2 character certificates out of which one must be from the Head of the Educational Institution last attended by you and other