HC issues notice to J&K Bank on cancellation of selection of POs, banking associates
Srinagar: The J&K High Court has issued a notice to J&K Bank for cancelling the selection process for the posts of probationary officers and banking associates advertised by it in 2018.
The court also ordered the bank to postpone (till further orders) the date of availability of the link for online registration of applications by the prospective candidates for a fresh notification for selecting 350 probationary officers and 1500 banking associates.
The notice was issued in a petition by 288 aspiring candidates who had applied for the post advertised by the bank in 2108.
The petitioners challenged the notification issued earlier this year by the bank whereby it notified cancellation of the selection process for the posts. They also challenged the fresh recruitment notice.
Khan Roshan Khayal, legal officer of the bank raised a preliminary objection to the maintainability of the petition submitting that Jammu and Kashmir Bank Limited is not a State within the meaning of Article 12 of the Constitution.
He referred to a full bench decision of the Court in Firdous Ahmad Tanki versus the J&K Bank Ltd (2006), which said that J&K Bank was neither the State nor an authority or instrumentality of the State within the meaning of Article 12 of the Constitution of India. The bank was not amenable to the writ jurisdiction of the High Court under Article 226 of the Constitution of India, he said.
The petitioner’s lawyer, however, submitted that the judgment of the full bench was distinguishable as the factors which formed the basis for such declaration have changed so much so the judgment was based on the fact that the share capital of the bank was only 53 percent which is now 68.18 percent.
He argued “in view of the changed circumstances, the financial and administrative control of the bank is now with the government”.
He also referred to the impugned notice by President-HR of the bank, cancelling the selection process conducted for the posts by the bank.
“This notice reads that approval to the cancellation of the selection process was accorded by the Board of Directors of the bank on 15.4.2020 in pursuance of directions of the J&K’s Administrative Council,” he said.
The court issued notice to the government, observing the impugned notice (dated 15.04.2020) reveal that the decision has actually been taken by the Administrative Council of the J&K.
“Since the petition is to be heard on an important question of law of general public importance, the Advocate General is requested to render his valuable assistance to the court in determining the question,” the court said and ordered listing of the petition on June 26.
It also said “it is seen that the fresh advertisement notification dated 01.06.2020 has notified the availability of the link for online registration of candidates as from 20.06.2020.”
Rashid Paul is Associate Editor at Kashmir Images.
He can be reached at [email protected]
