Jat reservation issue in joining banks
I would like to bring this to your notice that the examination and interview process of IBPS CWE-IV PO were completed before scrapping the jat Reservation om March 17. The result was declared on 1st April and qualified candidates of jat category were alloted banks as per merit under OBC category by IBPS , Mumbai . Now the alloted banks are denying joining to jat candidates under OBC category stating we do not fall under OBC as per SC judgement infact the entire process of examination was over before the quashing of quota and the concerned body IBPS declared final allotment for jats under OBC but still banks are denying joining. What steps do you recommend sir on this issue which is unjust as the selected candidates were given allotment and their precious time has been wasted ?
I was given allotment in PNB as a PO but they are denying joining.
Asked 2 years ago in Civil Law from Meerut, Uttar Pradesh
1) although examination and interview process were completed before march 17th 2015 at time of announcement of results you did not fall under OBC category
2) under the circumstances banks would be justified in refusing you permission to join Under OBC quota .
supreme court has held jat reservation unconstitutional on ground of sufficient data of jat population and social status of jat in the society. supreme court has not held that it's judgment [save reservation committee vs union of India] has retrospective effect and all the examinations completed before the date of judgment is unaffected from this judgment.
in your case promissory estoppel will apply and IBPS can't reject to join because if IBPS do so then whole examination is illegal because jat candidates got reservation at two stages, one at the written exam and second at final result. then the obc candidates right who had disqualify by the reservation given to jat by IBPS is affected and they are prejudiced by the IBPS.
so removing this complexity, supreme court did not give retrospective effect of its judgment. you have right to get joining. your result is unaffected from this judgment. if ibps refuse to joining , you should file writ petition before supreme court and challenge ibps final result.
You may file a writ before High Court under article 226 of Constitution of India or before SC under Article 32 of Constitution of India and challenge the denial of joining by the banks.
Advocate, New Delhi
1. Hope he Supreme Court orderdoes not have etrospective efect,
2. If so, file a Writ Petition before the local High Court against the said illegal act of IBPS,
If by virtue of the Supreme Court order if the joining has been denied then in that case, first refer the judgment completely to see if the supreme court has recommended that the judgment will have retrospective effect meaning thereby that all the appointments made would be scrapped since Jat does not fall under OBC. If that is not the case then it is advisable to file a writ petition in the high court seeking direction to the bank to allow the joining since the allotment process has been completed before the judgment was declared.