Mohammad Rafiq, J. - (1.) :- This writ petition has been filed with the prayer that action of the UCO Bank in not providing to the candidates of SC/ST seeking more than 16.5 marks in the written examination from clerical cadre to next higher cadre of Junior Management Grade-I on the basis of merit-cumseniority with the further prayer that UCO Bank be directed to declare certain candidates entitled to promotion and accordingly, promote them in terms of settlement dated 13/4/1988.
(2.) Shri Rajendra Prasad, learned counsel for petitioner argued that respondents have not adhered to minimum prescribed marks in the written examination as per settlement dated 13/4/1988. Learned counsel referred to clause 3.6.1 of the said settlement specially, note 3 therebelow and the instructions subsequently issued by the respondents to provide for extended zone of consideration. Note-3 provides that candiates, who pass the written test will be ranked on the basis of marks obtained in the written test and those who rank within the number equivalent to three times the vacancy known as 'consideration zone' will be considered for promotion. In the case of SC and ST candidates, the Government has framed guidelines to fill up the vacancies reserved for them, which are, as under:- "Selection against the vacancies reserved for Scheduled Caste and Scheduled Tribes will be made only from amongst those Scheduled Caste & Scheduled Tribe Officers who are within normal Zone of consideration. While adequate number of SC/ST candidates is not available within the normal field of choice, it may be extended to five times the number of vacancies and SC/ST candidates (not any other) coming within the extended field of choice should also be considered against the vacancies reserved for them."
(3.) Learned counsel for the petitioner argued that respondents had 244 vacancies for merit-cum-seniority for promotion against the quota of merit against seniority and accordingly therefrom they initially prepared three times zone, when sufficient number of SC/ST candidates were not available, they prepared five times zone which came only to 1215. Out of the regular vacancies of ST, 10 posts were transferred to SC quota and thus they promoted 62 SC candidates, with double the number of candidates who could qualify the extended zone of consideration only 6 ST candidates were promoted. It was argued that respondents have in making promotions ultimately taken into consideration 78 backlogue vacancies whereas such number of vacancies were not added initially to over all number of 243 vacancies in the quota of merit-cum-seniority. If that had been done, zone of five times would have been extended to 1605 thus entitling all such candidates who secured 16.5 marks, which is the pass marks in the written examination as per the requirement of Note-2 below clause 3.6.1 of the settlement. Learned counsel argued that as a result of faulty application of the aforesaid clause of the settlement and the note thereunder as modified, even the candidate securing 19 marks, could not come within the extended zone and thus large number of SC/ST candidates, who were otherwise eligible to secure promotion, were deprived of promotion.;