Lal Amit Kumar Singh v. Madhya Bihar Gramin Bank And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12312 of 2013 ===========================================================

1. Lal Amit Kumar Singh Son Of Sri Lal Rabindra Singh Resident Of Village Ugnichak, P.S. Jamui, Dist. Jamui .... .... Petitioner/s

Versus

1. Madhya Bihar Gramin Bank Through Its General Manager, Meena Plaza, South Of Museum, Patna- 1

2. Madhya Bihar Gramin Bank Recruitment Project- 2011 (Officer), Through Its General Manager, Meena Plaza, South Of Museum, Patna- 1

3. General Manager, Madhya Bihar Gramin Bank, Meena Plaza, South Of Museum, Patna- 1

4. Senior Manager, Madhya Bihar Gramin Bank, Meena Plaza, South Of Museum, Patna- 1 .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Prabhat Ranjan Singh, Mr. Alok Kumar, Mr. Prabeen Kumar Singh, For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 27-09-2016 Heard the parties.

In the present writ petition, petitioner is claiming for appointment as Junior Management Grade I Scale with effect from the date when other similarly situated candidates have been appointed.

An advertisement was published by the Madhya Bihar Gamin Bank. In pursuance thereof large numbers of persons have applied for the said post. Written examination and interview was

Patna High Court CWJC No.12312 of 2013 dt.27-09-2016 conducted. Petitioner in total obtained 77 marks out of that he has obtained 60 marks in written. He could not be selected on account of the fact as to who secured higher marks in reasoning has been given preference for appointment.

Learned counsel for the petitioner submits that large number of persons who have obtained 77 marks have been appointed but he has wrongly been deprived.

Learned counsel for the Bank filed counter affidavit wherein the manner and method applied for giving preference in a case of tie has been mentioned in Annexure-D stipulates when the number is equal preference will be given to the persons who secured the higher marks in reasoning. If a person has obtained identical marks in reasoning then preference will be given to the numerical ability and in case of tie in numerical ability preference will be given to the general knowledge. In case of tie in general knowledge preference will be given to the person who has obtained higher marks in general English and general Hindi. In such circumstances, uniform policy has been adopted in preparing the merit list by the I.B.P.S. which has been accepted by the Bank. The policy adopted cannot be said to be arbitrary rather reasonable cannot be interfered.

Patna High Court CWJC No.12312 of 2013 dt.27-09-2016 In such view of the matter, this Court does not find any merit in this writ petition. It is accordingly dismissed. (Shivaji Pandey, J) Vinay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 3.10.2016 Transmission Date