Dheeraj Gour & Ors vs J&K Bank Through Its Chairman & Ors
2021 Latest Caselaw 536 j&K/2

                                                                      Sr. No. 103
                                                                      Advance List
                  IN THE HIGH COURT OF JAMMU AND KASHMIR
                                AT SRINAGAR

                                   (Through Virtual Mode)

                                      LPA No. 55/2021

       Dheeraj Gour & Ors.                                           ...Petitioner(s)

        Through: Mr. Jahangir Iqbal Ganai, Sr. Adv. with Ms Humera Shafi, Adv.

                                                Vs.
       J&K Bank through its Chairman & Ors.                         ...Respondent(s)

        Through: Mr Sunil Sethi, Sr. Adv. with Mr Navyug Sethi, Adv. for R. No. 1
                 and 2
                 Mr D. C. Raina, AG with Mr. Sajad Ashraf, GA. for R. No. 3

       Coram: HON'BLE THE CHIEF JUSTICE
              HON'BLE MR JUSTICE VINOD CHATTERJI KOUL

                                         ORDER

12.05.2021

1. Heard Mr. Jahangir Iqbal Ganai, learned senior counsel assisted by Ms Humera Shafi learned counsel for the appellants.

2. The appellants have preferred this appeal against the judgment and order dated 22ndMarch 2021 passed by the learned Single Judge dismissing the writ petition of the appellants.

3. The appellants are prospective candidates for the posts of Banking Associates. They applied for the said posts pursuant to the Advertisement notice dated 6th October 2018. The examination was conducted online, but before completion, the selection process as a whole was cancelled.

4. The cancellation of the selection process was challenged by the appellants by invoking the extraordinary jurisdiction of the Court. The writ Court dismissed the petition recording that as the petitioners were only prospective candidates, they have not acquired any indefeasible right to seek selection/appointment on the basis of the advertisement alone and therefore the cancellation of the selection process do not infringes any of their legal right. There is no arbitrariness in the cancellation of the selection process as the court records that it stands MOHAMMAD ALTAF NIMA 2021.05.17 11:29 I attest to the accuracy and LPA integrity of this No. 55/2021

admitted to the appellants that the respondents had the authority to cancel the selection process and the stand of the respondents that the recruitment process in question had gone wrong stands substantiated by the records. The respondents have construed the recruitment district wise and framed the merit list accordingly. Moreover, the respondents have not applied rule of reservation in selection process which certainly was incurable. Therefore, the cancellation of selection process is justified and is not arbitrary.

5. The argument that reservation is not applicable is a debatable point and in such circumstances if the process as a whole has been cancelled it cannot be said to be illegal or arbitrary.

6. In view of the aforesaid facts and circumstances, we find no merit in the appeal and the same is dismissed.

                      (VINOD CHATTERJI KOUL)             (PANKAJ MITHAL)
                                     JUDGE                 CHIEF JUSTICE
         SRINAGAR
         12.05.2021
         Altaf




MOHAMMAD ALTAF NIMA
2021.05.17 11:29
I attest to the accuracy and
             LPA
integrity of this    No. 55/2021