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| Proceed with selection process, don’t publish final list: HC directs J&K Bank | | | Early Times Report
Srinagar, June 29: Jammu and Kashmir High Court has allowed J&K Bank to open the link and proceed with the selection process for filling up the posts of Probationary Officers and Banking Associates, but the Court has asked the Bank not to publish the final selection list.
Hearing a petition filed by candidates aspiring to be considered in the selection process of the Bank, Justice Ali Mohammad Magrey of J&K High Court Srinagar Wing observed that having regard to the plea of the writ petitioners that the Bank was a State within the meaning of Article 12 of the Constitution, amenable to the writ jurisdiction of this Court, and the facts brought to the notice of the Court by the Advocate General, admitting the plea of the writ petitioners, nothing more needs to be done on the issue. Consequently, the Full Bench decision of this Court in Firdous Ahmad Tanki v. the J&K Bank Ltd., 2006(1) S. L. J. 1, is no more attracted to the Bank. The issue is, therefore, deemed to be not arising anymore and closed as such.
The writ petition stated the Jammu and Kashmir Bank Limited (the Bank) issued a notification no.HR-Rectt-2018-1564 dated 06.10.2018 for filling up the posts of Probationary Officers and Banking Associates. It challenged the notice dated 15.04.2020 issued by the Bank whereby it had notified that the selection process conducted for the posts stands cancelled, and the fresh recruitment Notice no.JKB/HR-Rectt-2020-27 & 28 dated 01.06.2020 issued by the Bank inviting applications for recruitment to 350 posts of Probationary Officers and 1500 Banking Associate, allowed the J&K Bank to open the link and proceed with the selection process.
Justice Magrey observed that the direction dated 15.06.2020 was passed by this Court with a view to securing the interests of the petitioners as well as to avoid any future inconvenience to the prospective candidates. Now the interests of the respondent Bank itself have been placed before the Court for its consideration. This Court is of the view that interests of the Bank are of paramount importance and that delay in registration of candidature by the prospective candidates may prolong the selection process which may be injurious to the interests of the Bank. This Court would not wish the Bank to be put to any loss or injury by operation of any order of this Court. At the same time, the Court has to ensure that the writ petitioners are not non-suited.
However, there is no denying the fact that the petitioners have only participated in the selection process. The law being that mere participation in the recruitment process does not confer any right of appointment on a candidate, the Court is of the opinion that even if candidature of prospective candidates pursuant to the fresh notification dated 01.06.2020 is registered and the selection process is allowed to be completed upto a certain stage, it would not confer any right of appointment on such candidates. Whether the ultimate selection process should be completed pursuant to the earlier advertisement notification or the subsequent notification would naturally be dependent on the final decision in the writ petition.
Justice Magrey observed that at this stage, therefore, the Court is of the view that it would be appropriate to allow the Bank to open the link and proceed with the selection process. However, the final select list of candidates shall not be drawn, issued or published by the Bank/respondents unless orders in that regard are sought from the Court if the matter is not finally decided till then and remains subjudice before the Court. (JNF)
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