Eligibility criteria for recruitment may include language proficiency, and failure to meet these can result in cancellation of provisional allotment.

C O M M O N O R D E R

Heard the learned counsel for the petitioners and the learned counsel for the respondents and perused the materials available on record.

2. As the issue involved in all the writ petitions is one and the same and hence, all the writ petitions are heard together and are being disposed of by this common order.

3. The case of the petitioners' in brief is that the petitioners having being Ex-serviceman retired from defence services had applied for selection to the clerical cadre post pursuant to the common recruitment process for recruitment of clerks undertaken by Institute of Banking Personnel Selection (IBPS) for the year 2018-2019, of which the respondent is one the participating Bank.

4. It is also further case of the petitioners that they have been selected in the recruitment process and while expecting to be provided with an opportunity for participating in the Bank, however, were issued with the impugned letter under which the provisional allotment for appointment in clerical cadre, has been cancelled on the ground of failure to pass language proficiency test in local language of the State/Union Territory.

5. It is further case of the petitioners that the respondents cannot reject the candidature of Ex-serviceman who have qualified in written examination/IBPS examination simply on the ground of not being proficient in local language of an area, which action it is contended being the same is not appropriate in terms contrary to the OM dated 12.02.1996 issued by the Department of Personnel and Training (DoPT), prescribing relaxed standard of selection of Ex-servicemen.

6. The petitioner in WP.No.8120 of 2019 further contended that he has undergone six (6) months Tamil Language course from Utkal Cultural University and they can write and read fluently the language, but understand/speak the language slowly. Similar plea is also raised by other petitioners and it is their case that if the petitioners are given a chance in the respondent's organisation, they will perform their duties with utmost satisfaction and sincerity.

7. The petitioner by contending as above seek for setting aside the impugned order by affording an opportunity of appointment to work in the clerical cadre of the respondent's bank.

8. Per contra, the learned counsel appearing for the respondents would first drew the attention of this Court to the notification issued by the Institute of Banking Personnel Selection (IBPS) for undertaking recruitment to the post of clerks in participating organisations/Bank for vacancies of the year 2018- 19, wherein, it is stated that the candidates can apply for vacancies in any one State/Union Territory only; and that the petitioners on their own volition have chosen the State of Tamil Nadu to work with the participating organisations /banks.

9. On behalf of the respondents, it is contended that in the notification issued under the head 'Educational Qualification' it has been categorically mentioned that Proficiency in the Official Language of the State/Union Territory is required (candidates should know how to read/write/speak the Official Language of State/Union Territory), for which, the candidates wishes to apply.

10. On behalf of the respondents, it is further contended that based on the written test conducted by the IBPS, the candidates provisional allotment is subject to the candidates full-filing the criteria laid down by the participating organisation and since, the petitioners had been allotted to the respondent participating organisation Bank are required to undergo proficiency test of the State / Union Territory as opted by them to ascertain p