IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 11-08-2008 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.3584 of 2001 All India Syndicate Bank Scheduled Caste and Scheduled Tribes Employees Welfare Association, rep. by its Zonal Secretary, Mr.C.Vijayakumar, S/o.M.Chinnathambi, Syndicate Bank, Zonal Office, Chennai-600 002. .. Petitioner. Versus 1.The Chairman & Managing Director, Syndicate Bank, Head Office, Manipal, Karnataka State. 2.The General Manager (Personal and Services Wing), Syndicate Bank, Head Office, Manipal, Karnataka District. 3.The Deputy General Manager, Syndicate Bank, Zonal Office, Chennai-600 002. 4.The Union of India, rep. by the Secretary, Ministry of Finance, Department of Economic Affairs, (Banking Division), Jeevandeep Building, Parliamentary Street, New Delhi. .. Respondents. Prayer: This petition has been filed seeking for a writ of Certiorarified Mandamus, to call for the records of the second respondent in Circular No.015-2001-BC-HRD, dated 24.1.2001, and quash the same and direct the respondents 1 and 2 to declare the number of vacancies in Officers cadre in JMG Scale I including vacancies earmarked for SC/ST members, sufficiently well in advance prior to the date of written test and to scrupulously follow the https://hcservices.ecourts.gov.in/hcservices/ policy of reservation as per Article 16(4) of the Constitution of India. For Petitioner : Mr.S.Arunkumar For Respondents : Mr.G.Anandakrishnan for M/s.T.S.Goplan & Co. (R1 to R3) Mr.M.Devendran (SCCG) (R4) O R D E R Heard the learned counsel appearing for the petitioner and the learned counsels appearing on behalf of the respondents. 2. It is stated that the petitioner Association had been started for the Welfare and protection of the interests of the Schedule Caste and Schedule Tribe employees in the Syndicate Bank. The petitioner Association is a registered Association with Registration No.S/16520. It is further stated that the Central Government had evolved a quota system of reservation in the ratio of 15% and 7.5% for the Schedule Caste and Schedule Tribe candidates, respectively, at the time of recruitment and at the time of promotions in Government organisations. The second respondent had issued a circular relating to the promotions from Clerical to Officers cadre in JMGS-I, in Circular No.015-2001-BC-HRD, dated 24.1.2001, in order to conduct a departmental examination for promotion of Clerical cadre Personnel to the Officer cadre. The impugned circular gives various particulars with reference to the promotion test. However, the important information relating to the approximate number of vacancies to be filled up through the promotion test had not been given. It has also not stated the number of vacancies earmarked for the members belonging to the Schedule Castes and the Schedule Tribes, even though it was the practice during the earlier recruitments and promotions. This has resulted in denial of equal opportunity to the aspiring candidates and it is in violation of the principles enshrined in Articles 14 and 16 of the Constitution of India. 3. Even though no counter affidavit has been filed on behalf of the respondents, the learned counsels appearing on behalf of the respondents had submitted that the writ petition has been filed merely on an apprehension that the non-declaration of vacancies in the impugned circular, dated 24.1.2001, would result in grave prejudice being caused to the Schedule Caste and Schedule Tribe candidates, aspiring for promotion from Clerical to Officers' cadre in JMGS-I. There is no basis for the petitioner Association to https://hcservices.ecourts.gov.in/hcservices/ apprehend that there would be denial of equal opportunity for the aspiring candidates belonging to Schedule Castes and Schedule Tribes. There would be no injustice done as apprehended by the petitioner Association. According to the impugned circular, dated 24.1.2001, the written tests were held on 25.2.2001 and the process of recruitment had been completed, in accordance with the guidelines contained in the said circular. In Clause 4.1 of the impugned circular, dated 24.1.2001, it has been stated that reservation for Scheduled Caste/Schedule Tribe candidates will be provided as per Post Based Rosters in terms of the Government guidelines. Accordingly, the Government guidelines relating to the promotion from Clerical to Officers' cadre in JMGS-I had been followed, scrupulously. In such circumstances, the writ petition filed by the petitioner Association is liable to be dismissed as devoid of merits. 4. In view of the submissions made by the learned counsels appearing for the petitioner, as well as for the respondents and on a perusal of the records available, it is clear that the writ petition has been filed on a mere apprehension that the Schedule Caste and Schedule Tribe candidates, aspiring for promotion from Clerical to Officers' cadre in JMGS-I, would be adversely affected, if the process of promotion prescribed in the impugned circular in Circular No.015-2001-BC-HRD, dated 24.1.2001, is followed. It is a well settled law that a writ petition, under Article 226 of the Constitution of India, cannot be maintained on a mere apprehension. 5. The learned counsel appearing on behalf of the petitioner has not been in a position to show sufficient cause or reason for this Court to interfere with the impugned circular, dated 24.1.2001, especially, when the process prescribed by the impugned circular, had been completed, as no interim order had been passed by this Court to stall the said process. 6. In such view of the matter, this Court is of the considered view that there is no merit or substance in the present writ petition filed by the petitioner Association. Hence, the writ petition stands dismissed. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ csh To 1.The Chairman & Managing Director, Syndicate Bank, Head Office, Manipal, Karnataka State. 2.The General Manager (Personal and Services Wing), Syndicate Bank, Head Office, Manipal, Karnataka District. 3.The Deputy General Manager, Syndicate Bank, Zonal Office, Chennai-600 002. 4. The Secretary, The Union of India, Ministry of Finance, Department of Economic Affairs, (Banking Division), Jeevandeep Building, Parliamentary Street, New Delhi. +1cc to Mr.M.Devendran, SCCG, 44111 +1cc to M/s. T.S.Gopalan, & Co., Advocate Sr 44432 JP(CO) km/29.12. Writ Petition No.3584 of 2001 https://hcservices.ecourts.gov.in/hcservices/