JWNGSAR BAGLARY Vs. ASSAM GRAMIN VIKASH BANK AND 3 ORS
LAWS(GAU)-2018-9-17
HIGH COURT OF GAUHATI
Decided on September 12,2018

Jwngsar Baglary Appellant
VERSUS
Assam Gramin Vikash Bank And 3 Ors Respondents

JUDGEMENT

Songkhupchung Serto, J. - (1.) Heard Mr. M.Choudhury, learned counsel for the petitioners in all the writ petitions. Also heard Mr. S.Dutta, learned Sr. counsel appearing for the respondents No. 1 & 2 in all the writ petitions and Mr. J.I.Borbhuiya, learned Standing counsel appearing for the respondents No. 3 & 4 in all the writ petitions.
(2.) All the writ petitioners appeared in the recruitment examination for the post of Group-A Officer Scale-II in Regional Rural Banks (in short, RRBs) but for different departments/disciplines in pursuant to the advertisement issued by the Director, IBPS, dated 09.09.2016. The petitioner in W.P.(C) No. 8173 of 2017, the petitioner in W.P.(C) No. 7946 of 2017 and the petitioner in W.P.(C) No. 2250 of 2018 applied for Information Technology Officer, Scale-II; the petitioner in W.P.(C) No. 644 of 2018 applied for Chartered Accountant, Scale-II; the petitioner in W.P.(C) No. 7948 of 2017, and the petitioner in W.P.(c) No. 646 of 2018 applied for Agricultural Officer, Scale-II; the petitioner in W.P.(C) No. 7958 of 2017 applied for General Banking Officer, Scale-II, and the petitioner in W.P.(C) No. 8179 of 2017 applied for Marketing Officer, Scale-II. The relevant portions of the Advertisement are reproduced here below ; JUDGEMENT_17_LAWS(GAU)9_2018_1.html The online examination for the next Common Recruitment Process for RRBs (RRBs CWE-V) for recruitment of Group "A"-Officers (Scale-I, II & III) and Group "B"-Office Assistant (Multipurpose) will be conducted by the Institute of Banking Personnel Selection (IBPS) tentatively in November and December 2018. Any eligible candidate, who aspires to join any of the Regional Rural Banks listed at (A) as Group "A"-Officers (Scale- I, II & III) and Group "B"-Office Assistants (Multipurpose), is required to register for the Common Recruitment Process (CWE for RRBs-V). For the posts of Officers Scale I and Office Assistants (Multi-purpose) the examination will be two tier i.e. the online examination will be held in two phases, preliminary and main. Candidates who apply for the post of Office Assistants (Multi-purpose) will be provisionally allotted on the basis of the marks obtained by them in the Main examination and the vacancies reported by the RRBs. For the post of Officers Scale I, candidates who will qualify in preliminary examination and shortlisted will have to appear for Main examination and shortlisted candidates in the main examination will subsequently be called for a Common Interview to be coordinated by the Nodal Regional Rural Banks with the help of NABARD and IBPS in consultation with appropriate authority. Candidates who apply for Scale II (Generalist and Specialists) and Scale III will appear for a single online examination and shortlisted candidates in the single examination will subsequently be called for a Common Interview to be coordinated by the Nodal Regional Rural Banks with the help of NABARD and IBPS in consultation with appropriate authority. Depending on the vacancies as per the business needs of the Regional Rural Banks and as reported to IBPS, candidates shortlisted will be provisionally allotted to one of the Regional Rural Banks keeping in view the merit cum preference (state wise for Officers in Scale I and Office Assistant (Multipurpose)), the spirit of Govt. Guidelines on reservation policy, administrative convenience, etc. The validity for CWE for RRBs-V will automatically expire at the close of business on the day which is one year after the date of Provisional Allotment or until a fresh provisional allotment is made, whichever is earlier, with or without giving any notice. Indicative post-wise and category-wise vacancies of each of the Regional Rural Banks are given vide Annexure-I. Recruitment in RRBs is a dynamic process which depends upon restriction imposed, business volume, business growth, health of the organizations, branch expansion, internal and external factors, structural changes etc. Vacancies mentioned here are indicative and anticipated as communicated by the RRBs. However, Provisional allotment will be made based on the actual vacancies reported by the RRBs. This system of Common Recruitment Process- (CWE, Common Interview and provisional allotment in Regional Rural Banks) has the approval of the appropriate authorities. IBPS, an autonomous body, has received a mandate from the organisations mentioned at (A) below, to conduct the recruitment process as mentioned above, once a year. IBPS will make arrangements for conducting online preliminary examination for Officers Scale I and Office Assistant (Multipurpose) and declare result of online preliminary examination. IBPS will inform the shortlisted candidates about the online main examination. There will be a single level examination for Officers Scale II and Officers Scale III. IBPS will declare the results of the main / single examination and inform the shortlisted candidates about the interview in the case of Officers Scale I, II and III. Interviews will be coordinated by Nodal Regional Rural Banks with the help of NABARD and IBPS in consultation with appropriate authority. For Office Assistant (Multipurpose), the final allotment will be done on the basis of the candidate's performance in the Online main examination and the vacancies reported by the RRBs. Prospective candidates will have to apply to IBPS after carefully reading the advertisement regarding the process of examinations, interview (wherever applicable) and provisional allotment, eligibility criteria, online registration processes, payment of prescribed application fee/intimation charges, pattern of examination, issuance of call letters etc. and ensure that they fulfil the stipulated criteria and follow the prescribed processes. A. PARTICIPATING RRBs JUDGEMENT_17_LAWS(GAU)9_2018_2.html B. ELIGIBILITY CRITERIA Prospective Candidates should ensure that they fulfil the specified eligibility criteria before applying for the CRP: Candidates may please note that the eligibility criteria specified is the basic criteria for appointment to the aforesaid posts in the Regional Rural Banks. However merely applying for, qualifying in the CWE and getting provisionally allotted in one of the RRBs does not imply that a candidate will necessarily be eligible for employment in any of the Regional Rural Banks. It is expressly clarified that the ultimate authority for recruitment is the Regional Rural Bank itself. The RRB concerned may, in its sole discretion, reject the candidature of anyone provisionally allotted to it through the CWE. JUDGEMENT_17_LAWS(GAU)9_2018_3.html K. PROVISIONAL ALLOTMENT Issuance of offer of appointment including terms and conditions, formalities for verification, joining etc. is solely the decision of the RRBs and shall be final and binding. IBPS shall have no role therein. Any queries in this regard shall be directed to the RRBs only. A reserve list to the extent of vacancies as per extant provision will be drawn in each category subject to exigencies and availability of candidates. This does not guarantee provisional allotment to/recruitment by the RRBs. In the event of RRBs providing further vacancies, provisional allotment will be carried out for the candidates in the reserve list subject to vacancies being provided within one year after the date of provisional allotment. However if no vacancy is furnished by the RRBs owing to exigencies or otherwise during the validity period the candidates under the reserve list will not be considered for provisional allotment. The reserve list will expire automatically on the day which is one year after the date of Provisional Allotment or until a fresh provisional allotment is made, whichever is earlier, with or without any notice. Candidates who are not provisionally allotted or not in the reserve list will not be considered for any further process under CWE RRBs- V. IBPS is not responsible in case the RRBs do not notify sufficient vacancies to exhaust the reserve list. Similarly, neither the RRBs nor IBPS is bound to notify every vacancy that may arise in any RRB during pendency of reserve list. IBPS is not responsible for the recruitment of candidates, and will only act upon the vacancies notified by the RRBs in that regard within the specified period. The decision of IBPS in provisional allotment of RRBs shall be final and binding upon the selected candidates. However IBPS reserves the right to cancel, reallot Organisation-wise allocation/ change the process depending upon exigencies or otherwise. Provisionally allotted candidates (subject to fulfilling all required criteria) may be posted anywhere." JUDGEMENT_17_LAWS(GAU)9_2018_4.html
(3.) In the result declared by the IBPS all the petitioners were selected and they were allotted provisionally to Assam Gramin Vikash Bank. The provisional allotment was notified on 10.03.2017 by the Director of IBPS. The selection and provisional allotment notification in respect of the petitioners are reproduced here below; JUDGEMENT_17_LAWS(GAU)9_2018_5.html ;


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