T.Sen, J. - (1.) In this writ petition, the three petitioners have challenged the entire process of selection said to have been adopted by the Respondent No.1 and/or its management in respect of the promotions conferred upon and/or granted to the private Respondent Nos. 4 to 16 on the post of scale-II officers (i.e., from J.R. Management Grade to Middle Management Grade) vide promotion order dated 25.8.05 as contained in annexure P/5/1. The Petitioners have also prayed for the issuance of a writ of mandamus commanding upon the Respondents to resort to a fresh selection procedure following the principles of seniority cum merit.
(2.) Let it be recorded that at the very outset Mr. Kalyan Bandyopadhyay, learned senior counsel appearing on behalf of the Petitioners raised only two points in support of the writ petition and they were as follows: (a) that notwithstanding the criteria as laid down in the Regional Rural Banks (Appointment and Promotion of Officers and Other Employees) Rules, 1998 and with special reference to Rule 2(d) thereof, the Respondents have not followed the principles of seniority-cum-merit while granting the impugned promotion but have resorted to the pelicy and/or principles of merit-cum- seniority; and (b) that contrary to Rule 2(f), the Committee referred to therein started functioning only at the stage of the interview and was constituted after the written tests were over and therefore, the same was in total violation of the Rules.
(3.) Based oh the aforementioned two points Mr. Bandyopadhyay has argued that in view of such statutory violations, the entire process of selection becomes non est and vitiated in the eye of law.;