- (1.) Prathama Bank Moradabad is a regional rural bank governed by the provisions of Regional Rural Bank Act 1976 (hereinafter referred to as the 'bank'). The petitioners belong to Other Backward Class (O.B.C.) category, are high school pass, the petitioners are not enrolled in the Employment Exchange. The respondent-bank to fill up Group 'C' post invited names of candidates registered with the employment exchanges. Ministry of Finance (Department of Financial Services) vide notification dated 13.07.2010 provided that post of Group 'C' shall be filled in the bank after making reference to the Employment Exchange, Sainik Board or other agencies catering to the welfare of scheduled castes, scheduled tribes, physically challenged persons or other category of persons as recognized by the Central Government or the State Government having jurisdiction over the Regional Rural Bank filling the posts.
(2.) Petitioners have approached the Court seeking the following reliefs: "(i) a writ, order or direction of a suitable nature declaring Rule 10 and paragraph no. 1(d) of part III of Regional Rural Banks (Appointment and Promotion of Officers and Employees) Rules 2010 as ultravires the Constitution of India as far as it relates to the appointment in the respondent bank. (ii) a writ, order or direction in the nature of mandamus commanding the respondents to advertise the Group 'C' posts in the daily news papers and only then proceed to fill up the vacancies. (iii) a writ, order or direction of a suitable nature commanding the respondents to relax the upper age limit from 28 to 30 years of General Category."
(3.) The contention of learned counsel for the petitioners is, by inviting names only from the Employment Exchange and not from the open market by advertisement is violative of Articles 14 and 16 of the Constitution of India, thus rule 10 is ultravires of Article 16 as it deprives other similarly situated persons from applying for the post, thus, the action of the bank in not advertising the post is violative of the principles of the equality in employment as enshrined under Article 16.;