IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2155 of 2010 1. UTTAR BIHAR GRAMIN BANK S.C./S.T.EMPLOYEES WELFARE COUNCIL GOUSHALA CHOWK,RAM BAGH ROAD, P.O.RAMNA, P.S.MITHANPURA,DISTT-MUZAFFARPUR THROUGH ITS GENERAL SECRETARY,SHRI LALAN BAITHA 2. LALAN BAITHA S/O SHRI SATYANARAYAN BAITHA R/O GOUSHALA CHOWK,RAM BAGH ROAD, P.O.RAMNA,P.S.MITHANPURA, DISTT-MUZAFFARPUR Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY, DEPARTMENT OF ECONOMIC AFFAIRS BANKING DIVISION,NEW DELHI 2. CHIEF GENERAL MANAGER, ANTIONAL BANK FOR AGRICULTURE & RURAL DEVELOPMENT MUMBAI 3. UTTAR BIHAR GRAMIN BANK THROUGH ITS CHAIRMAN HEAD OFFICE,KALAMBAGH CHOWK, MUZAFFARPUR 4. BOARD OF DIRECTORS ,UTTAR BIHAR GRAMIN BANK THROUGH ITS CHAIRMAN HEAD OFFICE, KALAMBAGH CHOWK, MUZAFFARPUR 5. CHAIRMAN, UTTAR BIHAR GAMIN BANK HEAD OFFICE,KALAMBAGH CHOWK, MUZAFFARPUR 6. GENERAL MANAGER, UTTAR BIHAR GRAMIN BANK HEAD OFFICE, KALAMBAGH CHOWK, MUZAFFARPUR 7. CHIEF MANAGER, UTTAR BIHAR GRAMIN BANK HEAD OFFICE ,KALAMBAGH CHOWK,MUZAFFARPUR ----------- For the petitioners : Mr. Abhinav Srivastava, Advocate For the Respondents 3 to 7: Mr. Prabhakar Jha, Advocate For the Union of India :Mr. Md. Iqbal Hasan Rahmani, Advocate 02/ 04.03.2010 Heard learned counsel for the parties. Petitioner no.1 is the Association of the Scheduled Castes and Scheduled Tribes employees serving the Uttar Bihar Gramin Bank (hereinafter referred to as the Bank) and petitioner no.2 is the Secretary of the said Association who had appeared in the selection test for being considered for promotion on the post which is reserved for scheduled caste/ tribe candidates. This writ application has been filed asserting that while considering the promotion from Scale-I to Scale-II pursuant to the examination, result whereof was declared on 2 January 12, 2010, Annexure-3, reservation policy as is required to be observed by the Bank in the light of the notification of the Government of India dated 29th July, 1998, Annexure-4 as also the circular contained in instruction dated 27.11.1972 and 23.12.1970, Annexures-10 and 9 is not being observed by the authorities of the Bank, result being that there is a clear violation of the provisions contained in Article 16(4A) and (4B) of the Constitution of India. Counsel for the Bank has opposed the prayer. He states that in the light of the reservation norms of the Union, the Bank conducted the selection test as would appear from the result, Annexure-3 and several schedule caste candidates are being considered for promotion. Such submission is being refuted by the counsel for the petitioners, who states that the schedule caste candidates have been considered in Annexure-3 on the basis of their performance as general candidate and not as reserved category candidate and none of the schedule caste candidate has been considered as reserved category candidate. Having heard counsel for the petitioners and the Bank, I dispose of this writ application with direction to the petitioners to approach the competent authority of the Bank and highlight the grievance, which has been highlighted in this application, the competent authority thereafter shall pass appropriate orders dealing with the submission of the petitioners within a reasonable time. In case the authorities of the Bank 3 have not considered the reserved category candidate as a separate class for giving them the benefit of relaxation of standards against the reserved vacancy, the authorities of the Bank shall consider such request and pass appropriate orders in accordance with law, any final order of promotion issued in the light of the result, Annexure-3, shall be subject to the result of the representation of the petitioners filed before the competent authority of the Bank. Arjun/ ( V.N. Sinha, J.)