IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8287 of 2010 1. DEEPAK KUMAR S/O AJAY KUMAR SINGH R/O VILL CHHALA BIGHA, P.S.DAUD NAGAR, DISTT-AURANGABAD 2. KUMAR GAURAV CHAUDHARY S/O LATE RAMASHANKAR CHAUDHARY R/O MOH SIMA SADAN, ROOM NO.4, GULBIGHAT, MAHENDRU, PATNA-6 3. GAYENDRA KUMAR S/O LATE RAM AWADHESH CHAOUDHARY R/O VILL +P.O.BELAUN, P.S.UDAWANT NAGAR, DISTT-BHOJPUR 4. KUMAR ASTITWA JHA S/O SHRI BELHAN JHA R/O VILL KARHUAN, P.O.AVANT, P.S.SAHARGHAT, DISTT-MADHUBANI 5. ABHISHEK KUMAR S/O MADAN KUMAR KHAN R/O MOH BATRAHA KRISHNA NAGAR, WARD NO.23, NEAR ANUPLAL BORING ROAD, DISTT-SAHARSA 6. ABHISHEK KUMAR, SON OF UPENDRA KUMAR VERMA, R/V-RAMDATTPATTI, P.S.- SUPAUL, DIST- SUPAUL. 7. RISHABH SAHAY, SON OF RISHIKESH SAHAY, R/M- GURU SAHAY LAL COLONY, NORTH PATEL NAGAR, P.S.- KESHRI NAGAR, DIST- PATNA Versus 1. THE GENERAL MANAGER BANK OF INDIA, PATNA ZONAL OFFICE CHANAKYA TOWERS, BIRCHAND PATEL MARG, PATNA-1 2. THE ZONAL MANAGER MAIN BRANCH BANK OF INDIA , PATNA ZONAL OFFICE CHANAKYA TOWERS, BIRCHAND PATEL MARG, PATNA 3. THE ASSISTANT GENERAL MANAGER BANK OF INDIA, PATNA ZONAL OFFICE CHANAKYA TOWERS, BIRCHAND PATEL MARG, PATNA ----------- For the petitioners : Mr. Sanjay Kumar @ Manu, Advocate. For the Bank of India : Mr. Shivajee Pandey, Senior Advocate. For the Patna University : Mr. Ajay Kumar Sinha, Advocate. For the B.N.Mandal University : Mr. Hemendra Prasad Singh, Advocate. ==== 5. 30.06.2010. Counsel for the Patna, B.N.Mandal University on whom the copy of this brief was served in compliance of my order dated 29.6.2010 have placed before me the Regulation for Bachelor of Science, Arts, Commerce (General/Honours) Examination (Three Year Degree Course) framed by the Chancellor of the Universities which is taken on record. 2. I.A.Nos. 5398 of 2010 and 5399 of 2010 are taken up and it is directed that Abhishek Kumar, son of Upendra Kumar Verma and Rishabh Sahay, son of Rishikesh Sahay be impleaded as petitioner nos. 6 and 7 in the instant writ case as they have already filed the court fee. 3. Petitioners were applicant in response to the advertisement issued by the Bank of India (hereinafter referred to as the “Bank”) for appointment against - 2 - 1083 post of General Banking Officers in Scale-I, II and III which was published in the Employment News dated 14-20 November, 2009, contained in Annexure-1 to this application. Having appeared in the written examination held on 24.01.2010 petitioners became successful, were served with the call letter dated 12.4.2010 for appearing in interview on different dates i.e. 27.4.2010, 29.4.2010 but when they reported for appearing in the interview they were stopped from appearing in the interview on the ground that they had not secured 60 per cent marks in graduation which is the educational qualification fixed under the Advertisement, Annexure-1. 4. By filing the writ petition petitioners with reference to the mark- sheet appended as Annexure-3 series have submitted that petitioners at the graduation level were student of Honours Course and secured 60 per cent marks in the Part-I, Part-II and Part-III Honours Examination which is evident from the mark-sheet appended with the writ petition. While making the aforesaid statement it is conceded on behalf of the petitioners that petitioners did not secure 60 per cent marks in the subsidiary subject (Pass Course). In this connection, learned counsel for the petitioners has referred to the different paragraphs of the Regulation to submit that at the graduation level there is distinction between the Honours and General Examination. The student appearing in the General Examination is not required to pass the Honours papers but a student appearing in the Honours Examination has to pass even the subsidiary papers with 33 per cent marks. The result of the student appearing in the Honours Examination is governed by the percentage secured in the Honours papers. Reference in this connection is made to Clause 14.3 of the Regulation. 5. Counsel for the Bank has opposed the prayer. He states that Bank is not disputing that petitioner nos. 1 to 5 have secured 60 per cent marks in the Honours Examination but as they did not secure 60 per cent marks in the Pass - 3 - Course they were not allowed to appear in the interview. 6. From perusal of the advertisement it appears that graduate with minimum 60 per cent marks were eligible to apply for the post advertised. Petitioner nos. 1 to 5 having appeared in the Honours examination and having secured 60 per cent marks in the Honours papers were eligible to appear in the Examination as the advertisement does not provide that the applicant should secure 60 per cent marks in aggregate of Honours and Pass Course. Having verified the mark-sheet appended with the application form petitioner nos. 1 to 5 were allowed to appear in the written examination and having become successful in the written examination petitioner nos. 1 to 5 are being stopped from appearing in the interview with reference to the eligibility clause of the advertisement which does not require the candidate to secure 60 per cent marks in the Pass Course, as such, the action of the Bank not to permit Petitioner Nos. 1 to 5 to appear in the interview is wholly arbitrary and it is directed that the Bank should permit Petitioner Nos. 1 to 5 to appear in the interview after fixing a fresh date for such purpose with due communication to petitioner nos. 1 to 5 under registered post. Compliance of this order be made by the authorities of the Bank as early as possible, in any case within two months of its receipt by the Bank. 7. So far the case of Petitioner Nos. 6 and 7 is concerned, the Bank is allowed liberty to verify their mark-sheet and if they have secured 60 per cent marks in the Honours examination and have become successful in the written test, they be also allowed to appear in the interview. 8. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)