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Advocate Sastry (Advocate)     04 April 2013

Campus recruitments in banks

Times of India, Mumbai: 3rdApril 2013.

In a major setback for Central Bank of India, the Bombay high court on Tuesday held that its recruitment policy, which allows campus recruitment/interview method for appointment of officers against permanent vacancies on regular basis, was illegal and unconstitutional.

A division bench comprising Justices A M Khanvilkar and Mridula Bhatkar directed the bank to refrain from making any appointment against permanent vacancies on regular basis via campus recruitment\interview mechanism, warning that if it did so, it would be non-est (not binding) in law. "We hold that in the matter of public employment, as per constitutional scheme, the mandate is to invite applications from all eligible persons by giving wide publicity, without exception. The fact that other state instrumentalities have resorted to campus interview mode of appointment in the past can be no basis to legitimize that process which inevitably tramples the fundamental rights of otherwise qualified and eligible citizens to be considered for the public posts along with similarly placed persons,'' the court said.

Further, it pointed out that the argument of liberalization, autonomy or competition with private sector, tapping of candidates from specialized field or better qualified candidates through campus recruitment could be no basis to uphold the impugned action of the bank. "The successive pronouncements of the apex court have affirmed that in matter of public employment, it should be done only by inviting applications from the public at large by giving wide publicity and issuing public advertisements,'' the HC said, refusing to buy the argument that candidates selected through campus interview were a class apart and utilizing their expertise could help compete and match the performances of private and foreign banks.

A section of PG management students had filed a writ petition challenging the recruitment policy of Central Bank, saying it was against constitutional provisions and should be quashed. They wanted the court to direct the bank to issue an advertisement to ensure a transparent recruitment process.”



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