The main legal point established in the judgment is that a candidate cannot challenge the selection process after participating in it, and the absence of reservation for SC/ST candidates in the promotion process.

Rajiv Sharma, J.

1. Petitioner was appointed on the post of Probationary Officer in the Junior Management Grade Scale-I (hereinafter referred to as the ‘Scale-I Officer’) in Ganga Yamuna Gramin Bank in the year 1986. On 30.6.2006, three Regional Rural Banks, situated within the territories of Uttarakhand, namely, Ganga Yamuna Gramin Bank, Alaknanda Bank and Pithoragarh Kshetriya Gramin Bank were amalgamated and a new bank under the name ‘Uttaranchal Gramin Bank’ was created. Thereafter, 49 vacancies of the post of Scale II Officers became available in the Uttaranchal Gramin Bank. A Circular was issued by the Bank on 3.9.2007. These posts were to be filled up as per the Recruitment & Promotional Rules, 1998.

2. Petitioner also participated in the selection process. Written examination was held on 2.12.2007. Result was declared on 2.1.2008. Since the petitioner did not secure the minimum marks in written examination in one of the papers, he was not called for interview. The final result was declared on 27.2.2008.

3. Learned Senior Counsel for the petitioner has vehemently argued that the petitioner should have been given relaxation in marks, since he belongs to the S.C. category. He then contended that the reservation should have been provided for promotion to the post of Scale-II.

4. Sri D.S. Patni, Advocate, appearing for the Bank, has argued that the petitioner has undergone the process and was aware of the Circular issued on 3.9.2007. He has taken a chance and now, at this stage, he cannot be permitted to challenge the selection process. He then contended that as per the Rules and Regulations, prevalent at the time of initiation of selection process, there was no provision for reservation of caste to caste categories, promotion, promotional avenues etc. Thus, according to him, the petitioner is now estopped from challenging the selection process. According to him, the petitioner is required to obtain minimum marks in each paper which was held on 2.12.2007.

5. I have heard learned counsel for the parties and gone through the record very carefully.

6. The Ministry of Finance has issued a Notification on 29.7.1998 under Section 29 of the Regional Rural Banks Act, 1976, framing the Regional Rural Banks (Appointment and Promotion of Officers and other employees) Rules, 1998. Rule 3 provides for Category of posts. Rule 4 deals with creation of posts. The mode of filling up of vacancies is provided under Rule 6. Constitution of Committee is provided under Rule 11. Rule 12 provides that there shall be reservation of posts for the Scheduled Castes, Scheduled Tribes, other backward classes and other categories of persons in such proportion as may be specified by the Central Government from time to time.

7. According to the Third Schedule, the post of Scale III Officer falls in Group ‘A’. It is to be filled up 100% by promotion. The promotion is to be made on the basis of seniority-cum-merit. Officers holding post for eight years as an officer on regular basis in the Regional Rural Bank shall be considered for promotion in Scale II post in the Bank. The selection process for promotion is as under:-

Selection process for promotion	The selection shall be on the basis of Performance in the written test, interview and Performance Appraisal Reports for preceding five years as per the division of marks given below:-
(A) Written Test	60 Marks
(B) Interview	20 Marks
(C) Performance appraisal reports	20 Marks
Total Marks	100 Marks

8. The respondent-Bank has issued the Circular on 3.9.2007, wherein, it was also stipulated that the candidate is required to get 40 marks in each paper i.e. Paper-A and Paper-B. The petitioner has secured only 11 marks in paper-A and 13 marks in paper-B. He has not secured 40% marks in paper-A. It is in these circumstances he was not called for interview. Pe