Madras High Court
R.Ashwin Raj Kumar vs Institute Of Banking Personnel ... on 9 June, 2022
W.P.No.30748 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.06.2022
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
W.P.No.30748 of 2015
and
M.P.Nos.1 and 2 of 2015
R.Ashwin Raj Kumar ...Petitioner
Vs.
1.Institute of Banking Personnel Selection (IBPS),
IBPS House, 90 Feet D.P.Road,
Kandiwali (E), Mumbai - 400 101.
Rep. by its Director.
2.Corporation Bank,
Human Resources Department,
Manpower Planning & Recruitment Section,
Mangaladevi Temple Road,
Mangalore - 575 001.
Rep. by its Deputy General Manager.
3.Union Bank of India,
Union Bank Bhavan,
239, Vidan Bhavan Marg,
Nariman Point,
Mumbai - 400 021.
4.Syndicate Bank,
Personnel Department,
Human Resources Development Division,
Manipal - 576 104. ... Respondents
https://www.mhc.tn.gov.in/judis
Page 1 of 7
W.P.No.30748 of 2015
Prayer: Writ Petition filed under Article 226 of the Constitution of India
to issue a writ of Certiorarified Mandamus, calling for the records on the
file of the 2nd respondent in Ref.No.HRD/MPRS/358:2015 dated
06.08.2015 and quash the same and direct the second respondent herein to
forthwith appoint the petitioner as Agricultural Field Officer, Scale-I,
pursuant to his selection and grant him all consequential benefits.
For Petitioner : Mr.M.Ravi
ORDER
The writ on hand has been initiated questioning the validity of order
passed by the 2nd respondent dated 06.08.2015.
2. With reference to the recruitment to the post of Agricultural
Field Officer (Scale-1), the learned counsel for the respondent brought to
the notice of this Court that the issues raised in the writ petition are no
more res integra and reached finality, in view of the Judgment of the
Honourable Supreme Court in the case of Zonal Manager (Bank of
India) vs. Aarya K. Babu and Another reported in (2019) 8 SCC 587.
3. With reference to the very same notification dated 06.08.2015,
the matter went up to Supreme Court and the Honourable Supreme Court
has allowed the Appeal filed by the Bank of India. Relevant observation of
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W.P.No.30748 of 2015
the Judgment in Appeal observations of the Apex Court reads as follows:
''3. In the instant fact situation, the Notification dated
17-11-2014 was issued calling for applications from interested
candidates for the different posts that were advertised therein.
The consideration herein relates to the recruitment for the post
of Agricultural Field Officer (Scale-1). The private respondents
in both these appeals are applicants for the said post. The
process of selection was undertaken and the private respondents
in both these appeals were provisionally selected, subject to
verification of their documents and were accordingly allotted by
IBPS to the respective appellant Banks herein. However, the
selection of both the private respondents was cancelled on the
ground that the private respondents herein did not possess the
qualification prescribed in the notification for appointment. It is
in that regard the private respondents claiming to be aggrieved
by such action were before the learned Single Judge of the
Kerala High Court assailing the termination orders in the
respective writ petitions as taken note above.
8. The qualification prescribed for the post of
Agricultural Field Officer (Scale-1) as issued under the
Notification dated 17-11-2014 which is the subject-matter
herein, is as hereunder:
"4-year degree (graduation) in
Agriculture/Horticulture/Animal Husbandry/Veterinary
Science/Dairy Science/Agri Engineering/Fishery
Science/Pisciculture/Agri Marketing & Co-operation/Co-
operation & Banking/Agro-Forestry."
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W.P.No.30748 of 2015
(emphasis supplied)
12. Though we have taken note of the said contention
we are unable to accept the same. We are of such opinion in
view of the well-established position that it is not for the Court to
read into or assume and thereby include certain qualifications
which have not been included in the notification by the
employer. Further the rules as referred to by the learned
counsel for the respondents is pointed out to be a rule for
promotion of officers. That apart, even if the qualification
prescribed in the advertisement was contrary to the qualification
provided under the recruitment rules, it would have been open
for the candidate concerned to challenge the notification
alleging denial of opportunity. On the other hand, having taken
note of the specific qualification prescribed in the notification it
would not be open for a candidate to assume that the
qualification possessed by such candidate is equivalent and
thereby seek consideration for appointment nor will it even be
open for the employer to change the requirements midstream
during the ongoing selection process or accept any qualification
other than the one notified since it would amount to denial of
opportunity to those who possess the qualification but had not
applied as it was not notified.
16. Further it is not for the Court to provide the
equivalence relating to educational qualifications inasmuch as
the said issue has been settled by the Constitution Bench of this
Court in the decision relied upon by the learned counsel for the
appellants in Mohd. Shujat Ali v. Union of India wherein it is
held that the question in regard to equivalence of educational
https://www.mhc.tn.gov.in/judis qualifications is a technical question based on proper
W.P.No.30748 of 2015
assessment and evaluation of the relevant academic standards
and practical attainments of such qualifications and where the
decision of the Government is based on the recommendation of
an expert body which possesses the requisite knowledge, skill
and expertise for adequately discharging such a function, the
Court, uninformed of relevant data and unaided by the technical
insights necessary for the purpose of determining equivalence,
would not lightly disturb the decision of the Government.
19. Subject to the above observations, both the
appeals are allowed with no order as to costs. All pending
applications stand disposed of.''
4. In view of the Judgment of the Honourable Supreme Court, no
further adjudication needs to be undertaken with reference to the grounds
raised in the writ petition. Accordingly, the writ petition stands dismissed.
No Costs. Connected Miscellaneous Petitions are closed.
09.06.2022
Ab/Jeni
Internet : Yes
Index : Yes
Speaking order : Yes
To
https://www.mhc.tn.gov.in/judis
W.P.No.30748 of 2015
1.The Director.
Institute of Banking Personnel Selection (IBPS),
IBPS House, 90 Feet D.P.Road,
Kandiwali (E), Mumbai - 400 101.
2.The Deputy General Manager,
Corporation Bank,
Human Resources Department,
Manpower Planning & Recruitment Section,
Mangaladevi Temple Road,
Mangalore - 575 001.
3.Union Bank of India,
Union Bank Bhavan,
239, Vidan Bhavan Marg,
Nariman Point,
Mumbai - 400 021.
4.Syndicate Bank,
Personnel Department,
Human Resources Development Division,
Manipal - 576 104.
https://www.mhc.tn.gov.in/judis
W.P.No.30748 of 2015
S.M. SUBRAMANIAM, J.
Ab
W.P.No.30748 of 2015
09.06.2022
https://www.mhc.tn.gov.in/judis
