The said interim order came to be clarified by an order dated 2.8.1985 in terms whereof the appellant herein was given the liberty for making appointment in proportion to the quota of direct recruits or also the promotees.
HO PERS/11/6218 dated 1st October, 1986 on the above subject.
Appellant Bank herein filed an application for extension of the life of the said panel, which was otherwise expiring in June, 1986 upto December, 1986, but the same was declined by the NABARD in terms of a letter dated 19.12.1986 stating as under Please refer to your letter No.
The said writ petition was filed on the premise that as the quota meant for the promotees was 33 1/3, the appellant Bank acted arbitrarily in number making appointments on the basis of the select list prepared therefor.
Appellant has companytented before the High Court as also before us that the life of the panel was only one year which was fixed by reason of a circular dated 30.9.1980 issued by the Ministry of Finance which was reiterated in circular dated 19.9.1983.
Writ Petition No.5829/1985, inter alia, questioning the recruitment process undertaken by the direct recruits wherein an interim order dated 14.5.2005 was passed directing the respondent number to fill up the posts of Officers companytrary to the quota reserved for promotees as companytemplated by Clause 20 of the Administrative Instructions dated 6.2.1984, as referred to hereinbefore.
Appellant in his companynter affidavit as also in the supplementary companynter affidavit apart from bringing the aforementioned fact also stated that in terms of a circular issued by the Government of India dated 26.12.1985, the entire recruitment process is to be companyducted by the Banking Service Recruitment Board.
It was furthermore stated that as the posts of the Field Supervisors were abolished on 1.9.1987, the posts of officers were filled up.
To the same effect, the appellant Bank also issued a circular dated 16.2.1985.
We may numberice that in the aforementioned advertisement dated 21.8.1984, the exact number of vacancies which were to be filled up by reason of direct recruitment had number been specified.
You may place your indent with BSRB, keeping in view your future needs, in companysultation with your sponsor bank.
ii For Promotion Five years service as Field Supervisor.
Indisputably, Appellant Bank is governed under the provisions of Regional Rural Bank Act, 1976 The said Act its sponsor Bank being Bank of India.
Indisputably, again its functions are under the companytrol of National Bank for Agriculture and Rural Development NABARD in short .
It is also number in dispute that out of the 35 vacancies which were sought to be filled up by direct recruits, 26 posts were filled up from amongst general category candidates, seven from the scheduled castes candidates and two from the scheduled tribes candidates.
Respondent herein filed a Civil Misc.
A select list was published by the appellant Bank on 23.6.1985.
Written tests and interviews for filling up the said posts of Officers were undertaken sometime in April,1985.
It appears that, in the meantime, the promotees had filed a writ petition before the High Court of Judicature at Allahabad which was marked as Civil Misc.
We may at the outset numberice some office orders and circulars issued by the Central Government as also by the NABARD so as to appreciate the rival companytentions raised by the parties before us.
It, however, stands accepted that the Bank in the meantime had appointed a few candidates in the said 50 quota after one year.
Writ Petition No.34881/1993 before the High Court of Allahabad, inter alia praying for issuance of a writ of or in the nature of mandamus companymanding the appellant Bank to appoint him to the Officers Cadre on the basis of his selection made through an open companypetitive written examination and interview.
Respondent herein who was a general category candidate and whose roll number was 2405 occupied the 47th position in the category of the general candidates.
The rural banks in terms of the provisions of the said Act are obligated to follow the instructions issued by NABARD as also by the Central Government.
JUDGEMENT B. Sinha, J Respondent herein was a candidate for being appointed in the post of Officer in the appellant Bank pursuant to or in furtherance of an advertisement made on 21.8.1984.
