Varun Kumar Sahota v. Institute Of Banking Personnel Selectio/ & ANR

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Civil Writ Petition No.5408 of 2013 Date of Decision: April 21, 2015 Varun Kumar Sahota .....Petitioner versus Institute of Banking Personnel Selection and another .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE P.B.BAJANTHRI.

Present:Mr.Surinder Garg, Advocate, for the petitioner. Mr.Saurav Verma,Advocate,for respondent No.2. -.-

1. Whether Reporters of Local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) The short question that arises for consideration in this case is whether the petitioner can insist for prescription of maximum age of 28 years for recruitment to the clerical cadre in the Punjab National Bank?

[2] It is not in dispute that the Institute of Banking Personnel Selection Board issued an advertisement (Annexure P-1) to conduct a common written examination for 19 public sector banks including the Punjab National Bank. As per the eligibility criteria prescribed therein, the minimum and maximum age of the candidates as on 01.08.2011 was 18 and 28 years, respectively. The advertisement, however, further stipulated as follows:- "...... Each participating Public Sector Bank will independently issue a separate recruitment

CWP No.5408 of 2013 [2] notification, specifying their vacancies and stipulating the eligibility criteria in terms of age, educational qualification, proficiency in Official Language of the State/UT for which vacancies he wishes to apply, experience (if any), minimum required level of IBPS score in each test and on Total Score (if any) etc......" (emphasis applied) [3] Since Punjab National Bank insisted that the maximum age for recruitment to clerical cadre in that Bank would be 25 years and not 28 years, the aggrieved petitioner has approached this Court.

[4] As a necessary corollary, we are further required to examine whether in terms of the specific stipulation in the advertisement, Punjab National Bank took any decision prescribing the eligibility criteria in terms of age, educational qualifications and proficiency etc.?

[5] Since the Punjab National Bank has asserted in its written statement that it has taken a policy decision prescribing the maximum age limit to 25 years before culmination of the selection process, we directed the respondent-bank on March 9, 2015 to file an affidavit whether or not the amended recruitment policy relied upon by it whereby maximum age limit was reduced from 28 to 25 years, was approved by the Competent Authority and/or Board of Directors?

[6] Ms.Shikha Aneja, Senior Manager, Punjab National Bank, Circle Office, Chandigarh, filed an affidavit dated 21.4.2015 which is taken on record. She has averred in para No.4 of the affidavit that the revised recruitment policy

CWP No.5408 of 2013 [3] (Annexure R-2/1) read with Annexure P-5 was duly approved by the Board of Directors on 23.12.2011.

[7] In this view of the matter, we are of the considered view that the petitioner's contention for fixing the maximum age limited to 28 years at par with other banks, cannot be accepted. We, thus, do not find any merit in this writ petition. [8] Dismissed.

[9] If the Punjab National Bank decides to relax the maximum age limit in respect of any category of candidates, then the petitioner shall also be entitled to claim such relaxation.

[SURYA KANT] JUDGE April 21, 2015 [P.B.BAJANTHRI] mohinder JUDGE