Srinagar: The J&K High Court has permitted the Jammu and Kashmir Bank to open online registration of candidates for selection process of Probationary Officers and Banking Associates.
However, the court cautioned that the final selection list of candidates shall not be drawn, issued or published unless orders in that regard are sought from the Court if the matter is not finally decided till then and remains subjudice before the Court.
The direction was passed after the J&K Bank moved a plea before the court seeking vacation of direction of the court order dated June 15, 2020, wherein the court had directed the bank to postpone the availability of the internet link for registration of candidates for the posts of Probationary Officers and Banking Associates.
It was stated through the plea that the functioning of the bank was suffering due to insufficient staff on the advertised positions.
It was said that in absence of such staff, the bank is not able to provide adequate banking services to its customers, and that causes loss of customer confidence and business of the bank.
Justice Ali Mohammad Magrey after going through the contents of the plea noted that the direction dated 15 June was passed by the court with a view to securing the interests of the petitioners as well as to avoid any future inconvenience to the prospective candidates.
“Now the interests of the respondent Bank itself have been placed before the Court for its consideration. This Court is of the view that interests of the Bank are of paramount importance and that delay in registration of candidature by the prospective candidates may prolong the selection process which may be injurious to the interests of the Bank,” Justice Magrey said.
The court opined that even if candidature of prospective candidates pursuant to the fresh notification dated 01.06.2020 is registered and the selection process is allowed to be completed up to a certain stage, it would not confer any right of appointment on such candidates.
“At this stage, therefore, the Court is of the view that it would be appropriate to allow the Bank to open the link and proceed with the selection process. However, the final select list of candidates shall not be drawn, issued or published by the Bank/respondents unless orders in that regard are sought from the Court if the matter is not finally decided till then and remains subjudice before the Court,” Justice Magray directed.
Im another matter, the court reserved its orders on the issue of maintainability of a writ petition after Advocate General DC Raina submitted that since the CAT Act is now applicable to the Union Territory of Jammu and Kashmir, and the J&K Bank has been declared as a Public Authority, the High Court does not have the jurisdiction to entertain this writ petition.
Justice Magrey while reserving orders noted that prima facie the argument raised on behalf of the Advocate General does not seem to be supported by Section 14 of the CAT Act.