Rajendra Babu, J. - (1.) Leave granted.
(2.) The appellant, having initially succeeded partially before a learned single Judge but lost before a Division Bench of the Kerala High Court in W.A. Nos. 1378 and 1103 of 1998 has filed the above appeals. The appellant was appointed as clerk/typist in the service of the respondent Bank on 28-2-1972. She undertook written test of promotion to officer - Junior Management Grade (Groups A and B) on 20-7-1980. Having come out successful, as per the procedure required she appeared for an interview on 27-11-1980 and though according to her claim she fared well she was not included in the final list of 180 employees selected for promotion. The appellant filed O. P. No. 1323 of 1981 challenging her non-selection for promotion, questioning also incidentally the provision in the promotion policy which required the candidates to get at least a minimum of 6 1/2 qualifying marks, in the interview. The learned single Judge, by his order dated 1-8-1983 held that such predominance cannot be given to the interview by stipulating for a minimum qualifying marks of 6 1/2 to be secured in the interview and allowed the petition in the following terms : "In moulding relief in this case, I think it would be unjust at this distance of time to quash the whole selections. Persons who have not approached the court in time would not be entitled to any relief and therefore, interest of justice would be served if I direct that the petitioner also be selected if the aggregate total marks she has obtained both in the written and oral tests exceeds that of any one who is now selected. It has to be proceeded on the basis that there is no qualifying minimum marks fixed for the interview. In matter of seniority among those selected etc. the petitioner on the basis of this order should be given consequential benefits if she is selected. Order accordingly. Original petition is allowed as above. There will be no order as to costs."
(3.) On appeal by the Bank, the Division Bench also seems to have affirmed the same by its judgment dated 29-11-1983, and the same was said to have been reported also in ILR 1984 (1) Ker 135.;