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(Guest)

With respect to reservation

I request you to suggest me in matter related to recruitment of Bank employee by IBPS.The IBPS has been permitted by the Department of   Financial   Services,   Ministry   of   Finance,   Government   of India vide letter no. 10/30/1/2010­IR dated 20 September 2010 to conduct Common Recruitment Programme for selection of both Clerks   and Officers  in Public Sector   Banks.The two key facts of this Case are:

  • Department of Personnel Vide notification dated 1,July,1985 directed all PSU/PSB to grant complete exemption from payment of fees to SC/ST candidate for appearing in recruitment examination.Thus, no fee is demanded from SC/ST candidates for recruitment in all PSU.Link of Order https://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36011_3_84-Estt-SCT-01071985.pdf
  • Since then no recuitment fee was demanded by any PSU/PSB.In 2010  the recruitment of Public Banks was delegated to IBPS (private body).Now, they have imposed recruitment fee on candidates from SC/ST candidates  on ground mention:
  1. IBPS states its a private body recruiting on behalf of Public Sector Bank and Dopt notification regarding exemption of fees is not applicable to IBPS. 
  2. Public Sector Bank states that they are not involved inrecruitment process and have no role in deciding fee.

Now, can order of DOPT be violated in this matter by outsourcing recruitment procedure.If this is valid than on same ground 15%/7.5% reservation can also be denied by out sourcing recruitment to private agency.Can reservation guidlines/notifications violated by PSU by delegating recruitment to private bodies is valid?

Recently, CIC delcared IBPS a public authority under article 12.CIC order states:

"IBPS is an autonomous body registered as a Public Trust under the Bombay Public Trust Act of 1950 and as a Scientific and Industrial   Research   Organization   by   the   Department   of Scientific   and   Industrial   Research,   Ministry   of   Science   and Technology, Government of India. Further, the Governing Board of   IBPS   consists   of   nominees   from   Reserve   Bank   of   India, Ministry of Finance (Government of India), National Institute of   Bank   Management,   representatives   of   Public   Sector   Banks, and   Insurance   Sector.   The   matters   related   to   policy   and affairs  of the  Institute   are vested  in  the Governing  Board. This leads us to conclude that IBPS is an organization which is   controlled   by   the   Government   as   well   as   agencies   and instrumentalities   of   the   State   falling   under   the   heading "other   authorities"  within   the meaning   of Article  12  of the Constitution of India"

Link of complete order ; https://ciconline.nic.in/rti/docs/cic_decisions/CIC_DS_A_2011_000802_M_74073.pdf

 

 



 6 Replies

R Trivedi (advocate.dma@gmail.com)     05 September 2017

You have a point but DOPT order is certainly not applicable to IBPS as on date. The best thing you can do right now is to take the help of an SC/ST candidate and lodge a complaint with central grievances portal. It will be decided very fast.
1 Like

(Guest)

See What an intresting conpsiracy this is?

1)Chairman of All Public Sector Banks though joint memoredum appealed Minisitry of Finance to delegate recruitment to IBPS.The permission was granted on 10 Sep 2010.

2) Board member of IBPS comprise Chairman of Each PSU Bank.Thus authority remained the same but recruitment was delegated from Public authority to private authority

Private body is not under the DoPT authority and its notification related to reservation are not applicable on IBPS directly & IBPS is bound by agreement with each bank related to recruitment. The agreement only gurantee reservation not fee concession.Thus, the demand of application fee from SC/ST candidates became Legal now.

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