IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2970 of 2002 Chandra Kishore Mahto son of Late Chulahi Mahto, resident of Mohalla- Chakanizamganj, PS Sadar, District Darbhanga ..... PETITIONER VERSUS 1. The Institute of Banking Personnel Selection through its Chairman, Kandivali (Est), Post Box No.8587, Mumbai- 400101 2.Mithila Kshetriya Gramin Bank (Head Office), Katchahari Road, Darbhanga at Laheriasarai- 846001through its Chairman 3. The Board of Directors through its Chairman, Mithila Kshetriya Gramin Bank (Head Office), Darbhanga at Laheriasarai 4. The Chairman, Mithila Kshetriya Gramin Bank (Head Office), Katchahari Road, Darbhanga at Laheriasarai- 846001 5. Mr Ashok Kumar (Father’s name not known) at present posted and working as a Branch Officer, Taralahi Branch, Mithila Kshetriya Gramin bank, Taralahi, PS Bahadurpur, District Darbhanga 6. Mr Naveen Prakash (father’s name not known) at present and working as a branch officer, Shivnagar Branch, Mithila Kshetriya Gramin Bank, Shivnagar, District Darbhanga ..... RESPONDENTS WITH CWJC No.3227 of 2002 1. Mithila Kshetriya Gramin Bank SC/ ST Employees Association, Darbhanga through its General Secretary namely Mr Bhola Mochi having its office at Chaknigamganj, PO Lalbagh, PS LNM University Campus, District Darbhanga 2. The General Secretary namely Mr Bhola Mochi son of Late Asharfi Mochi, Mithila Kshetriya Gramin Bank SC/ ST Employees Association, Darbhanga through its General Secretary namely Mr Bhola Mochi having its office at Chaknigamganj, PO Lalbagh, PS LNM 2 University Campus, District Darbhanga ..... PETITIONERS VERSUS 1. The Union of India through the Secretary, Ministry of Personnel Public Grievances and pension (Department of Personal and Training), North Block, New Delhi 2. The Secretary, Department of Economic Affairs (Banking Division), New Delhi 3. The Asstt. General Manager, Central Bank of India, Central office, Chandramukhi, Nariman Point, Mumbai 4. The Chairman, National SC/ST Commission, Government of India, vth Floor, Loknayak Bhawan, New Delhi 5. The Zonal Manager, Central Bank of India, Zonal Office, Muzaffarpur 6. Mithila Kshetriya Gramin Bank (Head Office), through its Chairman Katchahari Road, Darbhanga at Laheriasarai- 846001 7. The Chairman, Mithila Kshetriya Gramin Bank (Head Office), Katchahari Road, Darbhanga at Laheriasarai- 846001 8. The Board of Directors through its Chairman, Mithila Kshetriya Gramin Bank (Head Office), Darbhanga at Laheriasarai- 846001 9. The Institute of Banking (Personnel) Selection Board through its Secretary, Kandivali (East), Post Box No.8587, Mumbai- 400101 10. Mr Ashok Kumar (Father’s name is not known) at present posted and working as an Area Manager, Mithila Kshetriya Gramin Bank, at, PO and PS Biraul, District Darbhanga 11. Mr Naveen Prakash (father’s name not known) at present posted and working as a Branch Officer, Shivnagar Branch, Mithila Kshetriya Gramin Bank, Shivnagar, District Darbhanga ..... RESPONDENTS --------- For the petitioners : Mr Prem Kumar Jha, Advocate For the Bank : Mr Ajay Kumar Thakur, with Mr Md. Imeteyaz Ahmad, Advocates ---------- 3 10 19.1.2009 The prayer made in IA Nos.5886 and 5887 of 2006 to substitute the name of concerned respondents in both the writ petitions with their changed names and designation is allowed. Heard learned counsel for the petitioners and learned counsel for the original respondents no.2, 3 and 4. The grievance of the petitioners in both the writ petitions is for directing the respondents to provide reservation to the members of scheduled caste and scheduled tribe. The petitioner, Chandra Kishore Mahto in CWJC No.2970 of 2002 has also prayed for personal relief that he should be held entitled for promotion from scale I to scale II as he is a member of the scheduled caste and respondents have wrongly denied him promotion by not providing clear cut reservation. On merits, it has been claimed that if concession of 5 per cent as claimed by the respondents be accepted then also this petitioner having secured 33.3 per cent marks in one of the subjects and 40 per cent in another subject should have been treated to have secured the qualifying marks of 35 per cent. On behalf of the petitioner the stand is that on account of marks in fractions 4 it was not possible to get exact 35 per cent and, therefore, the concession of 5 per cent in each subject does not lead to satisfactory result. The main issue of reservation of scheduled caste and scheduled tribe raised through these two writ petitions has received attention of a Division Bench of this Court and considering the scheme of promotion, particularly from scale I to scale II, the Division Bench held that the petitioner of that case could not get the benefit of the instructions of the Central Government contained in office memorandum dated 25.4.1980 as it envisages reservation in those cases of appointment where the element of direct recruitment, if any does not exceed 75 per cent. The petitioners of that case had a case of pure promotion. That judgment in the case of Pradeep Chand Lal & another V. Samastipur Kshetriya Gramin Bank and others (CWJC No.1498 of 1992) passed on 20.5.1994, has been annexed as Annexure D to the counter affidavit. The then existing principle of promotion from scale I was examined by the Apex Court in the case of National Federation of SBI & ors. V. Union of India & ors., 5 reported in (1995) 3 SCC 532 and it was found that the provision in matter of such promotion was not of reservation but concession. Considering the aforesaid legal position and the facts of the case, this Court finds no merit in the writ petitions demanding reservations for scheduled caste and scheduled tribe at the relevant time. So far as case of Chand Kishore Mahto in person is concerned, he had to secure the qualifying marks of 40 per cent in each of the subjects at least with the aid of 5 per cent by way of concession but even on adding 5 per cent, he could not reach the desired marks of 40 per cent in each subject. Hence, no fault can be found with the stand of the respondents. The writ petitions are, therefore, found to be without merit. They are accordingly dismissed. (Shiva Kirti Singh, J.) sk