1998 Supreme(All) 406
IN THE HIGH COURT OF ALLAHABAD
R. R. K. Trivedi and R. K. Mahajan, JJ.
DWARIKA RAI - Appellant
Versus
CHAIRMAN, SANYUKTA KSHETRIYA GRAMIN BANK, AZAMGARH - Respondents
C. M. W. P. 40573 Of 1996
Decided On : 04/10/1998
UMESH NARAIN SHARMA, VINEET SARAN
The right of consideration for promotion under Articles 14 and 16 of the Constitution is available against vacancies occurred during the recruitment year. Clubbing vacancies of so many years together is unreasonable and arbitrary. Mere participation in a subsequent interview does not disentitle a candidate from legal rights accrued in a previous interview, especially when there was an inordinate delay in declaring the result of the earlier selection process.
Headnote:
ARTICLE 16 - PROMOTION - ARTICLE 16(1) - DELAY IN SELECTION PROCESS - CLUBBING OF VACANCIES - REASONABLENESS - EQUALITY OF OPPORTUNITY - SENIORITY - GUIDELINES - INTERPRETATION - COURT'S DIRECTION TO DECLARE RESULT OF SELECTION HELD IN 1987 FOR 13 VACANCIES AND GRANT SENIORITY TO PETITIONER ACCORDINGLY.
Fact of the Case:
Petitioner, selected by the Selection Committee against vacancies available in 1987, challenged the clubbing of his candidature with those who had no right to compete in 1987 for vacancies that occurred after 1987. He also sought seniority according to guidelines issued for 13 vacancies in 1987, despite the delay in the decision-making process.
Finding of the Court:
The Court held that the right of consideration for promotion under Articles 14 and 16 of the Constitution is available against vacancies occurred during the recruitment year. Clubbing vacancies of so many years together is unreasonable and arbitrary. The Court also held that mere participation in a subsequent interview does not disentitle a candidate from legal rights accrued in a previous interview, especially when there was an inordinate delay in declaring the result of the earlier selection process.
Issues: 1. Whether the petitioner, selected in 1987, can be clubbed with candidates who had no right to compete in 1987 for vacancies that occurred after 1987? 2. Whether the delay in declaring the result of the 1987 selection process disentitles the petitioner from claiming seniority according to the guidelines issued for those vacancies?
Ratio Decidendi: 1. The right of consideration for promotion under Articles 14 and 16 of the Constitution is available against vacancies occurred during the recruitment year. Clubbing vacancies of so many years together is unreasonable and arbitrary. 2. Mere participation in a subsequent interview does not disentitle a candidate from legal rights accrued in a previous interview, especially when there was an inordinate delay in declaring the result of the earlier selection process.
Final Decision: The Court allowed the petition, directing the respondents to declare the result of the selection held in 1987 for 13 vacancies without further delay and grant the petitioner seniority accordingly.
( 1 ) THIS writ petition Involves the following questions for determination by this Court:
"whether the petitioner who was selected by the Selection Committee against the vacancies available in the year 1987 and the recommendation of the Selection Committee was forwarded to the Director of Board which was not finalised can be clubbed with the candidates who had no right to compete in the year 1987 and that too for the vacancies which occurred after the year 1987?"
"whether the delay on the part of authorities In not taking decision on the recommendation of the Selection Committee would disentitle the petitioner even to claim seniority according to the guidelines Issued for 13 vacancies in the year 1987?"
( 2 ) BY means of this petition, the petitioner has sought following reliefs :
"issue a writ, order or direction in the nature of certiorari quashing the Impugned letter dated 4. 12. 1996 Issued by the Chairman, Sanyukta Kshetrlya Gramln Bank (Annexure-7 ). Issue a writ, order or direction in the nature of mandamus commanding upon the respondents not to apply the guidelines on the 13 vacancies for which the interview were taken in the year 1987 and further to declare the result of the 1987 examination Itself. "
( 3 ) IN short, the petitioners case is that he was appointed as Agricultural Field Officer on 3. 1. 1997 and was working as Branch Manager of Sanyukta Kshetriya Gramln Bank, Ranlpur branch, Mau at the time of filing of the writ petition ; that the posts of Accountant Agricultural field Officer and the Branch Manager were merged into a single category on 29. 4. 1980 and the said category was called as "officers of the Bank" after taking due approval of competent authorities, that as a result of said merger on 30th December, 1984, the National Bank for agriculture and Rural Development Issued certain guidelines with regard to creation of supervisory posts of General Managers, Senior Managers and Area Managers : that thereafter on 7th April. 1986 the National Bank for Agriculture and Rural Development Issued certain more guidelines pertaining to the procedure and agency for promotion. According to the said guidelines, the Banks which have more than 100 branches created seven posts of Senior managers at the head office and six posts of Area Managers in the field.
( 4 ) IT appears that in pursuance of said guidelines, biodata of petitioner and other eligible candidates was called for filing up of 13 vacancies and the Interview was held by the Selection committee/interview Board on 7th June, 1987 but the result of the same was not declared. It appears that so many writ petitions were filed in the matter. First of all mention would be made of the writ petition filed by one Rajendra Bahadur Singh on the ground that he has put in 7 years service in the Bank in question and two years in some other Bank but his two years service rendered in the other Bank was being not considered. On 18. 6. 1987 by an Interim order, it was declared that the selection made on the basis of the Interview dated 7. 6. 1987 shall be subject to the final disposal of the writ petition. Since the result was not being declared despite meeting of the Board having been held on 19. 6. 1987, petitioner filed writ petition along with which three other petitions were tagged. The petitions were disposed of by the following order :
"this writ petition has been filed to quash the Circular No. 266 dated 4. 3. 1987 Annexure-1 to the petition and for a mandamus not to give effect to the selection held on 7. 6. 1987. We have heard the learned counsel for the parties and find no merit in this petition. The dispute is regarding the selection for the post of Area Manager/senior Manager in the Sanyukta kshetriya Gramln Bank, Azamgarh. As regards the impugned circular, we find no legal Infirmity in the same. The said circular only mentions the qualification and eligibility for the selection and some other conditions as existing at that time. There is no illegal