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Writ against the bank for nil vacancies

(Querist) 26 September 2017 This query is : Resolved 
Sir, last year i have appeared for IBPS RRB SCALE 3 EXAM. While applying the indicative vacancy for the particular bank was 17. when final result came, the particular bank has not shown any vacancy. I would like to know whether bank shows the vacancies without taking any approval or has the right to show their vacancies based on their imagination to attract the candidates to appear in the examination for earning money.
If we candidate miss even a single direction given in the advertisement, the IBPS throws us out. when IBPS or bank alluring us by showing vacancies, they should not be treated legally with us.
We know that the appointment is not our legal right but doing so by bank or ibps is also not a legal right.
Kindly tell us the future of the case if we lodge writ against the bank or IBPS.
Ms.Usha Kapoor (Expert) 27 September 2017
YOU STAND A GOOD CHANCE OF WINNING THE CASE BY FILING A WRIT AGAINST THE BANK AS IT IS ILLEGAL AND UNCONSTITUTIONAL ON ITS PART BEING VIOLATIVE OF ARTICLES 14 AND 21 OF THE constitution OF INDIA SHOWING VACANCIES WHEN THERE ARE NIL VACANCIES AND SUBJECTED YOU ALL TO RIGORS OF A COMPETITIVE EXAM.
Sudhir Kumar, Advocate (Expert) 27 September 2017
If Bank says that they have no vacancies then you cannot compel them to create vacancies and appoint you.

They are not bound to fill the vacancy even if they have vacancy.

Your action can start only if someone else is appointed on the vacancy for which you competed.
Rajendra K Goyal (Expert) 27 September 2017
Agree with the advice from the expert Sudhir kumar.
AJEET KUMAR (Querist) 27 September 2017
goyal and sudhir sir, it is not a matter of whether appointment should be done or not. i would like to know that whether any organisation has lawful right to show vacancies and allure candidates and do complete process and then tell "sorry no vacancies".
P. Venu (Expert) 27 September 2017
Certainly, the matter could be agitated in a Writ Petition.
Sudhir Kumar, Advocate (Expert) 28 September 2017
employer has an absolute right not to appoint a candidate even if selection procedure is complete and even if there is a vacancy.
Dr J C Vashista (Expert) 30 September 2017
I agree with the expert advise of Mr. Sudhir Kumar, employer is at liberty to withdraw vacancy till final letter of offer (to join) has been issued to candidate(s).
P. Venu (Expert) 30 September 2017
With due respects to the Learned Experts, It may be permitted to point out that the issue involved is far more subtle. There certainly is an element of inequity involved if a successful candidate assigned to particular Bank against the vacancy initially shown by them and at that stage, the Bank makes a turn around and takes the stand that they have no such vacancies, leaving such candidates in the lurch. The situation is all the more iniquitous, and even ludicrous, in that other candidates who are lower to them in the merit list would have secured appointment in other Banks by this time.
Certainly, no Public Institution can claim the licence to act in such an injudicious and reckless manner.
AJEET KUMAR (Querist) 30 September 2017
Of course sir, when final result comes, an organisation has the liberty to withdraw as it has already earned money. Again the same will come with vacancies and will ask for new application and fee.
Wow! what a good source of income for any organisation or employer to earn money.
Kumar Doab (Expert) 02 October 2017
Agreeing with Experts;

This is not a mode of earning for Bank.
The recruitment is conducted by IBPS against demand placed by Bank.
The job advt might already contain clauses on that clearing the exam is NO guarantee for job.
Bank could have considered the hardships such withdrawal causes to candidates.
The candidates that have spent on training, preparing rigorously for exams are put to hardships.
Various RTIs filed for the participating banks have clearly revealed sufficient vacancies. MoF verbally mentioned ‘Back Door Job Cut’.

If there is NO vacancy Bank may not be able to appoint.
Sudhir Kumar, Advocate (Expert) 03 October 2017
The remedy may lie against Selection Board for allocation to other banks as suggested by Mr Venu.

This bank cannot be compelled to fill vacancies if they do not want to fill.
P. Venu (Expert) 03 October 2017
Yes, the remedy lies primarily against the IBPS. But the Bank concerned also needs to be party in the proceedings.


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