The High Court on Wednesday asked the J&K Bank and the government to respond to a plea challenging a fresh selection process for probationary officers and banking associates in the bank.
A bench of Justice Ali Muhammad Magrey issued notice to the J&K Bank and the government seeking their response by June 26.
While the court declined to stay the fresh selection process, it however directed the bank “to postpone till further orders the date of availability of the link for online registration of candidature by the prospective candidates pursuant to a fresh notification, issued on June 1 this year, for 350 probationary officers and 1500 banking associates vacancies”.
There are as many as 288 petitioners before the court seeking upholding of earlier selection process in which they had participated. The petitioners also prayed for stay on fresh notification issued on June 1 inviting applications for fresh recruitment to 350 posts of probationary officers and 1500 banking associates.
The J&K Bank raised a preliminary objection to the maintainability of the plea. “Jammu and Kashmir Bank Limited is not a State within the meaning of Article 12 of the Constitution,” the bank pleaded.
Referring to a full bench decision of the court in Firdous Ahmad Tanki vs J&K Bank Ltd (2006), Roshan Khayal, officer of the bank said: “The 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, he said, was not amenable to the writ jurisdiction of the High Court under Article 226 of the Constitution of India.
Senior advocate Jahangir Ganai on behalf of the aggrieved candidates however countered the argument saying the position now is different. “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% which is now 68.18%,” he said.
In view of the changed circumstances the financial and administrative control of Bank, he said, is now with the Government.
Pointing out that the petition was to be heard on an important question of law of general public importance, the court requested the Advocate General to render his valuable assistance to the Court in determining the question.
The court listed the plea on June 26 for arguments on its maintainability.
With regard to the availability of the link for online registration of candidates from 20.06.2020 as indicated in the notification issued on June 1 by the Bank, the court said, it would be appropriate for the Bank to issue a notice postponing the date of availability of the link for registration of candidature by the prospective candidates till further orders from the Court.