Reema Maliyakkal vs Union Of India
2022 Latest Caselaw 1247 Ker

WP(C) No.30350/2021                       1/4

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                      THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
              Friday, the 28th day of January 2022 / 8th Magha, 1943
                   IA.NO.1/2022 IN WP(C) NO. 30350 OF 2021 (P)
   PETITIONER/PETITIONER:

          REEMA MALIYAKKAL, AGED 24 YEARS, D/O. M.HAMZA, MALIYAKKAL HOUSE,
          OTTAPALAM, PALAKKAD DISTRICT, KERALA-679 101

   RESPONDENTS/RESPONDENTS:

      1. UNION OF INDIA, MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT, ROOM
         NO.202, 2ND FLOOR C-WING, SHASTRI BHAWAN, NEW DELHI-110 001,
         REPRESENTED BY ITS SECRETARY
      2. UNION OF INDIA, MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS, 4TH
         FLOOR A -WING, SHASTRI BHAWAN, NEW DELHI-110 001, REPRESENTED BY ITS
         SECRETARY
      3. UNION OF INDIA, MINISTRY OF FINANCE, NEW DELHI, 3RD FLOOR, JEEVAN
         DEEP BUILDING, SANSAD MARG, NEW DELHI-110 001, REPRESENTED BY ITS
         SECRETARY
      4. THE INSTITUTE OF BANKING PERSONNEL SELECTION, REPRESENTED BY ITS
         DIRECTOR, IBPS HOUSE, DP ROAD, NEAR THAKUR PLOYRECNIC, OFF WESTERN
         EXPRESS HIGHWAY, P.B.NO.8587, KANDIVALI (E), MUMBAI,PIN-400100

        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to stay the operation
   of Exhibit P5 and further direct the 4th respondnt to provisionally permit
   the petitioner to appear for the online main examination for the post of
   specialist Officers (2022-23) scheduled to 31/01/2022; pending disposal of
   the writ petition.
        This Application coming on for orders upon perusing the application
   and the affidavit filed in support thereof, and upon hearing the arguments
   of M/S.M.V.BOSE, VINOD MADHAVAN, SHARATH S.PUTHENPARAMPAN, ASLEM SANJID M.
   & ANU PAUL, Advocates for the petitioner in IA/WP(C), ASSISTANT SOLICITOR
   GENERAL OF INDIA for R1 to R3 in IA/WP(C) and of STANDING COUNSEL for R4
   in IA/WP(C), the court passed the following:
 WP(C) No.30350/2021                    2/4




                              P.V.KUNHIKRISHNAN, J.
                           ===================
                                  I.A. No. 1 of 2022
                                           in
                             WP(C) No. 30350 OF 2021
                           ===================
                      Dated this the 28th day of January 2022


                                      ORDER

This petition is filed for issuing direction to the 4 th

respondent to provisionally permit the petitioner to appear for

the online main examination for the post of Specialist Officers

(2022-23) scheduled on 31.01.2022.

The learned Standing Counsel appearing for the 4th

respondent takes me through the decision of Apex Court in

Rajbir Surajbhan Singh Vs. Chairman, Institute of

Banking Personnel Selection, Mumbai ( 2019 (14 SCC

189) and submitted that, this Court cannot entertain this

petition, because the institute is not amenable to writ

jurisdiction. The learned counsel takes me through paragraph

23 of the above judgment. After going through the above WP(C) No.30350/2021 3/4

I.A. No. 1 of 2022 in WPC No. 30350 of 2021

judgment I think, no direction can be issued to the 4 th

respondent invoking the powers under Article 226 of the

Constitution of India. Therefore, this petition is dismissed. But

I make it clear that the selection based on Ext.P2 notification

will be subject to the result of this writ petition.

Sd/-

                                                     P.V.KUNHIKRISHNAN
                                                            JUDGE
         LU




28-01-2022                       /True Copy/                       Assistant Registrar
 WP(C) No.30350/2021                 4/4

                       APPENDIX OF WP(C) 30350/2021
Exhibit P2            TRUE COPY OF THE NOTIFICATION DATED 02.11.2021 FOR

SPECIALIST OFFICER EXAM ISSUED BYTHE 4TH RESPONDENT. Exhibit P5 TRUE COPY OF THE RESULT STATUS INTIMATION RECEIVED BY THE WRIT PETITIONER FROM THE 4TH RESPONDENT.