1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No. 4150 of 2008. Pandurang S/o Ramaji Jadhav. v The State of Maharashtra and others Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri R. S. Parsodkar, Advocate for the petitioner. Shri P. C. Madkholkar Advocate for R-2. Shri Fulzale AGP for R-1. Coram : B.H. Marlapalle and A.H. Joshi, JJ. Dated : 20th October, 2008. 1. We have heard Mr. Parsodkar, the Learned Counsel for the petitioner and Mr. Madkholkar as well as Mr. Bhandarkar, the Learned Counsel for Respondent No.2. 2. The Learned AGP has appeared for Respondent No.1, 3, 4 & 5, and has also placed before us the original file. 3. The petitioner is the Vice President of the Managing Committee of Respondent No.2 Bank, and he had challenged the legality and propriety of the Bank's 2 decision to fill in 152 vacancies (126 for clerks and 26 for peons) as approved by Respondent NO.6 as well as the Commissioner for Co-operation. 4. The challenge is mainly on three grounds. (a) That the State Government had stayed the recruitment as per the order dated 4-10-2006. (b) The financial conditions of the Banks are so precarious that it would not be viable to appoint any additional staff, and (c) The appointments sought to be made are not only for the reserved categories. 5. Mr. Parsodkar, the Learned Counsel, submitted before us that having regards to the performance of the Banks, any additional appointment would not be in public interest, and in any case, the contention of the Bank that the stay granted by the State Government has been vacated, and therefore, the Selection process should be allowed to be completed, is unsustainable. 6. Affidavit-in-reply has been filed on behalf of Respondents no.1 & 3 as well as Respondent no.2 Bank. 3 Some documents have been placed on record including the letter dated 2-9-2008 issued by the Commissioner for Co- operation, Government of Maharashtra. There is no dispute regarding the performance of the Banks during the last few years, and more particularly, the liability on account of the staff salary. The record placed before us by the Learned AGP does indicate that as of now the stay granted on 4-10-2006 has been vacated, but partly. The recruitment for filling in the backlog in both the posts i.e. Clerks and Peons has been allowed to continue, but the stay granted to the recruitment against open category has not been vacated. 7. Mr. Madkholkar, the Learned Counsel submitted that all 152 posts advertised are only against reserved category with the following break up: (a) Clerks : SC-19, ST-41, VJNT-37, OBC-33, SBC-6: Total-126. (b) Peons: SC-4, ST-5, VJNT-8, OBC-5, SBC-4: Total-26. 4 8. Mr. Madkholkar also submitted that the recruitment process is being undertaken by an outside agency, which has been recognized by the Government of Maharashtra, and therefore, there would be transparency in such selection process. It was further pointed out that in view of the ad interim order passed by this Court, the written test scheduled earlier has been postponed. 9. Having regards to the submission advanced before us, and the record submitted by the Learned AGP, we dispose off this petition in terms of the following directions, by consent of the parties. (a) The selection process to go on only for the recruitment from the socially backward categories, and the Banks shall not commence the recruitment process for filling in the posts of open category either for Clerks or for Peons. (b) That on completion of the selection process, the entire merit list for both the posts and in each of the categories like SC, ST etc. shall be forwarded in a sealed cover along with the mark-sheets to the Commissioner for 5 Co-operation forthwith by Respondent No.2 Bank. (c) The said merit list shall be scrutinized further by a Committee of three members consisting of the Commissioner Co-operation, a representative of NABARD and the nominee of the Principal Secretary in the Department of Co-operation and Marketing Government of Maharashtrta. This Committee shall take into consideration all the aspects including the aspect of costs to the management etc., and the number of appointments to be made against such reserved quota. The Committee to take its decision expeditiously and preferably within a period of eight weeks from its constitution. (d) The appointments to be made by the Bank shall be strictly as per the recommendation of the Committee. JUDGE JUDGE /Muley/