WP (C) no. 913/2020 c/w 908/2020

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COURT OF JAM

M

U AND KASHM

IR

AT SRINAGAR

W

P (C) no. 913/2020

CM

no. 2033/2020

CM

no. 2034/2020

c/w

W

P (C) no. 908/2020

CM

no. 2020/2020

CM

no. 2021/2020

Reserved on 15.03.2021

Pronounced on

22.03.2021

Abhishek Gupta and others

Through:

M

r Jahangir Iqbal

Ganai

, Sr. Adv with

M

s Humaira Shafi, Advocate

V/s

Jammu and Kashmir Bank Ltd. and others

Through:

M

r D. C. Raina, Advocate General with

M

r Sajjad Ashraf, GA for R

-3

M

r Sunil Sethi, Sr. Advocate with

M

r Navyug Sethi, Advocate for R

-1 & 2

CORAM

:

M

oham

ad M

agrey, Judge

JUDGM

ENT

1/ -

These two writ petitions raise a common question for determination,

therefore, both are taken up for disposal together, and

shall be governed by this

judgment

.

2/ -

The petitioners are stated to have ofered their

candidature for the post of

Probationary oficers and Banking Associates sought to be filled up by the

respondents in terms of Notification no. HRD

-Rectt

-2018

-1564 dated 06.10.2018

and subsequently participated in the selection process. Before the selectio

n list

could be issued the respondents issued a notice dated 15

th April, 2020, cancelling

the whole selection process

. Subsequent thereto,

an advertisement notice

ref no.

JKB/HR

-Rectt

-2020

-27 & 28 dated 01.06.2020 was

issued by the respondent Bank

inviting

applications from the desirous candidates for the posts of Probationary

Oficers and Banking Associates.

WP (C) no. 913/2020 c/w 908/2020

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3/ -

The petitioners are aggrieved of

the Notice dated 15

th April, 2020,

cancelling

the selection process

and

of the advertisement notice

ref no. JKB/

HR -Rectt

-2020

-

27 & 28 dated 01.06.2020

, advertising the posts of Probationary Oficers &

Banking Associates,

for short impugned notices,

therefore, are seking its

quashment

inter alia

on the following grounds:

a) That no reasons have ben disclosed by the

Bank while isuing the

impugned notice dated 15

th April, 2020, canceling the selection

proces conducted for the posts of Probationary Oficers and

Banking Associates and the failure of respondents to give reasons in

support of its decision amounts to den

ial of justice;

b) That agency which conducted the online examination in question

has a reputed track record; therefore, the cancelation of the

proces

does not appear to be bonafide and it being so the

impugned decision of cancelling the selection process i

s arbitrary

and ilegal, therefore, deserves to be declared as ultra

-vires of the

Constitution;

c) That a limited right of fair consideration is available to a candidate

who participates in the selection proces which cannot be taken

away by arbitrary means a

nd unreasonably. The decision to cancel

the selection process is not backed by any cogent material;

d) That the Bank has got swayed by the direction isued by the

respondent no. 3 which was issued absolutely without any basis or

with the suport of cogent

material, therefore, the decision is

irrational and unfair;

e) That the law does not permit the authority to exercise power in an

arbitrary maner

; etcetera.

4/ -

Upon notice, the respondents appeared and filed their reply.

5/-

Respondents 1 and 2, in their

reply

after giving a brief history of the case,

have resisted the claim of the petitioners, amongst others, on the grounds, that:

6/-

It is settled position of law that merely by participating in the recruitment

process the candidates do not possess a vest

ed right to get appointed to the

advertised post; the candidates do not acquire any right to the post even on

selection; no statutory right of the petitioners is infringed by the withdrawal of the

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adv