Satyendra Singh Chauhan, J. - (1.) HEARD learned Counsel for the petitioners and learned Counsel for the Bank. The petitioners have approached this Court challenging the advertisement contained in Annexure -1 to the writ petition, by means of which, applications have been invited through Employment Exchange.
(2.) LEARNED Counsel for the Bank has submitted that opportunity was given to the petitioners to apply through Employment Exchange and it was well within the knowledge of the petitioners that advertisement has been made for appointment in the Bank and they did not approach this Court well within time. The last date for submission of application form was 24.1.2013. Some of the persons belonging to the category of the petitioners, filed Writ Petition No. 644 (SS) of 2013. The said writ petition was dismissed as withdrawn on 6.2.2013 on account of the fact that the persons, who approached this Court were not qualified to be appointed on the post in question. This is the second writ petition filed on behalf of some persons, who are alleged to be qualified. Learned Counsel for the petitioners submits that very short time of ten days was given for applying for the post in question and the petitioners were not in the knowledge of the fact that an advertisement has been made. They are not eligible to apply through Employment Exchange. He has placed reliance upon the judgment of the Apex Court in the case of The Excise Superintendent Malkapatnam, Krishna, District Andhr v. K.B.N. Visweshwara Rao and others, : 1996 SCALE (6) 676, wherein the apex Court has not appreciated the policy of inviting applications through Employment Exchange and it has been held by the apex Court that opportunity should be given to all from open market.
(3.) THE petitioners are departmental candidates and they are working with the Bank since long. It would have been better on the part of the Bank to give opportunity to the petitioners to participate in the selection. No exception clause has been indicated in the advertisement to indicate that departmental candidates may also apply departmentally or directly to the Bank. The petitioners have been working on daily wage basis.;