HC directive in fresh petition challenging cancellation of POs, BAs selection process

Excelsior Correspondent

SRINAGAR, June 20: High Court entertained another petition challenging the cancellation of selection process of hundreds of candidates for the posts of Probationary Officers and Banking Associates and directed the Bank to postpone the online fresh registration of these posts till further orders from the court.
Justice Ali Mohammad Magrey issued notice to the J&K Bank and Government seeking their reply to the fresh plea of 164 aggrieved candidates within two weeks and directed the orders passed in a similar petition on June 17 shall also govern in the instant petition.
Earlier on June 17 HC directed the Jammu and Kashmir Bank to postpone the date of online registration of candidature by the prospective candidates for the posts of Probationary Officers and Banking Associates till further orders.
The earlier petition was filed by 288 aspirants claiming to be the candidates for their consideration in the selection process commenced pursuant to the notification dated 6.10.2018 issued by the bank.
In both the petitions aggrieved candidates have challenged the notice of bank dated 15.4.2020 whereby it has been notified that the selection process conducted for the posts stands cancelled and fresh recruitment Notice on June 1, 2020 has been issued by the bank inviting application for recruitment to 350 posts of Probationary Officers and 1500 Banking Associates.
Bank has raised preliminary objection to the maintainability of these petitions and submitted that the bank is not a State within the meaning of Article 12 of the Constitution as such there was not amenable to writ jurisdiction of this court under Article 226 of the Constitution of India.
The notice which is under challenge in both petitions before the court reveals that the decision has actually been taken by the Administrative Council of the J&K UT, as such submitted by senior advocate appearing for aggrieved petitioners, that the court is of the view that notice needs to be issued to the Government seeking their response.
On the interim relief for staying the operation of impugned notice for fresh recruitment court has already recorded that since the issue of maintainability of writ petition is yet to be decided by the court, it would be not be proper for the court to allow the prayer of the petitioners in the manner as is prayed. However the court in order to safeguard the interest of the aggrieved petitioners directed the bank for postponing the registration of candidature.
“…It would be appropriate for the Bank to issue a notice postponing the date of availability of the link for registration of candidature by the prospective candidates till further orders from the court”, Justice Magrey directed as interim measure.