HC directs JK bank to postpone it’s recent job notification issued for 350 POs,1500 banking associates

Srinagar: The Jammu and Kashmir High Court has directed the Jammu & Kashmir Bank to postpone the recent job notification issued by it on Ist June this year after cancellation of the earlier selections which was almost nearing completion.
A bench of Justice Ali Mohammad Magray directed Jammu and Kashmir Bank to postpone it’s recent job notification issued for filling 350 posts of probationary officers and 1500 position of banking associates till further orders from the J&K High Court. The bank has been directed to issue a notification for the postponement of the date of availability of the link for online registration of candidature by the prospective candidates in reponse to a fresh notification, issued on Ist June this year for 350 posts of probationary officers and 1500 positions of the banking associates .
A petition has been filed by 288 candidates who had participated in the earlier selection process in response to a job notification issued on October 6,2018 . The candidates have challenged the cancellation of the earlier selection process advertisement of the fresh job notification by the bank.
As soon as the petition came up for the hearing, Khan Roshan Khayal, an Officer of the J&K Bank, working in its Legal Section, appeared before the court and raised a preliminary objection to the maintainability of the plea. He submitted that the Jammu and Kashmir Bank Limited is not a state within the meaning of Article 12 of the Constitution. He referring to a full bench order of the Jammu and Kashmir High Court in Firdous Ahmad Tanki V/S the J&K Bank Ltd (2006)which says the majority view taken was that the Bank was neither the State nor an authority or instrumentality of the State within the meaning of Article 12 of the Constitution of India. He argued that the bank was not amenable to the writ jurisdiction of the High Court under Article 226 of the Constitution of India.
However, senior advocate Jahangir Iqbal Ganai on behalf of the petitioners submitted that the judgment of the Full Bench was distinguishable as the factors which formed the basis for such declaration have changed so much so the judgment was based on the fact that the share capital of the Bank was only 53% which is now 68.18%.
He submitted that in view of the “changed circumstances”, the financial and Administrative control of Bank is now with the Government. He also referred to the impugned notice by President-HR of the Bank, cancelling the selection process conducted for the posts by the Bank. “This notice reads that approval to the cancellation of the selection process was accorded by the Board of Directors of the Bank on 15.4.2020 in pursuance of directions of the J&K’s Administrative Council,” he said. After hearing both the parties, the court issued notice to the government, observing the impugned notice (dated 15.04.2020) reveal that the decision has actually been taken by Jammu & Kashmir Administrative Council .
“Since the petition is to be heard on an important question of law of general public importance, the Advocate General is requested to render his valuable assistance to the Court in determining the question,” the court said and ordered listing of the petition on June 26. “…. It is seen that the fresh advertisement notification dated 01.06.2020 has notified the availability of the link for online registration of candidates as from 20.06.2020. The Court is of the opinion that since the matter is under consideration of the Court on an important question of general public importance, with a view to securing the interests of the petitioners as well as to ensure that the prospective candidates are not put to any inconvenience later on, 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,” the court ordered.

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