• Qualified, but refused employment

I am a Po3(probationary officer)   candidate .I am successful in both written exam and interview. But I didn’t get job. IBPS later brought( after the exam & interview) 10% reserve list rule which didn’t allow me to get job. My case was filed on the ground of breach of fundamental right. I have Supreme court verdict (WRIT PETITION (CIVIL) NO. 57 OF 2008 which suggests that any change in the selection criteria in midst of the selection process is not permissible) & Art 141 in my favour . Now can I file suite in   Kolkata High court against IBPS ( jurisdiction in Mumbai). I am a resident of Kolkata & it is not possible for me to go to Mumbai & file suite. Also IBPS is  not a state body.I had no other option but to file the case in writ of mandamus(civil). But in this situation the court can dispose off my case without going to merits of the case. Is there no way in our constitution to file a case against IBPS or should I sue Ministry of Finance. Anyway my case has 1st hearing on December 2015. How can I avoid this state issue?  What strategy I & my lawyer should take before hearing starts?
Asked 1 year ago in Civil Law from Kolkata, West Bengal
1. Why do you think that the High Court will reject your W.P?

2. Since reservation is implemented in IBPS, it is governed by Govt. rule hence can be made a party in a W.P., 

3. You can make Secretary, Ministry of Finance  a party in your W.P.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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1. How is Art.141 in play in your case?

2. If the suit has already been filed then you cannot file a fresh suit unless you withdraw the pending suit. No court can dispose the suit except on merits. IBPS would be given a fair opportunity to contest your case. Ministry of Finance is not liable in your case. Your lawyer would know very well what strategy is to be followed. 
Ashish Davessar
Advocate, Jaipur
18262 Answers
450 Consultations
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1) if there is a clause in the agreement that in event of disputes courts at Mumbai alone will have jurisdiction you will have to file writ in
Mumbai only 

2) court can dispose of your case without going into merits if there is specific provision that in events of disputes courts in Mumbai would have jurisdiction only 

3)since you have already engaged a local lawyer go by his advise 
Ajay Sethi
Advocate, Mumbai
23389 Answers
1229 Consultations
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 Now can I file suite in   Kolkata High court against IBPS ( jurisdiction in Mumbai). I am a resident of Kolkata & it is not possible for me to go to Mumbai & file suite. 
If there is a specific mention about jurisdiction and the clause governing it, the court will go by the prescribed rule alone, it cannot at its discretion allow a sit to be heard outside jurisdiction until and unless there is a special and satisfactory reason for conducting trial outside jurisdiction.  Your convenience is not law, you cannot claim exemption based on your inconvenience to attend court at a distant place. 


Also IBPS is  not a state body.I had no other option but to file the case in writ of mandamus(civil). But in this situation the court can dispose off my case without going to merits of the case
If it is a matter of jurisdiction the court may not go into the merits to dispose the case.


 Is there no way in our constitution to file a case against IBPS or should I sue Ministry of Finance. Anyway my case has 1st hearing on December 2015. 
Min. of fin is not the decision taking body nor the competent authority on such issues, hence it may not be included.

What strategy I & my lawyer should take before hearing starts?
Your lawyer will be knowing the strategy to be applied, discuss with him.
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
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1) KUSUM INGOTS & ALLOYS LIMITED VS. UNION OF INDIA AND ANOTHER  reported in JT 2004 (Suppl.1) SC 475.In para 22 of the said judgment  in Kusum Ingots (supra) the Supreme Court has  clearly stated that the court must have requisite territorial jurisdiction in absence of which a writ petition cannot be entertained.   

2)in your case it was provided in the advertisement that jurisdiction would b at Mumbai . 

3)  In  ALIGARH MUSLIM UNIVERSITY AND ANOTHER VS. VINAY ENGINEERING ENTERPRISES (P) LTD.  AND ANOTHER  reported in (1994) 4 SCC 710 the Supreme Court  has held thus:-
                    
""2.  .  We are surprised, not a little, that the High Court  of Calcutta should have exercised jurisdiction in a case where it had absolutely no jurisdiction.  The contracts in question were executed at Aligarh, the construction work was to be carried  out at Aligarh, even the contracts provided that in the event of dispute the Aligarh Court alone will have jurisdiction.  The arbitrator was from Aligarh and was to function there.  Merely because the respondent was a Calcutta-based firm, the High Court of Calcutta seems to have exercised jurisdiction where it had none by adopting a queer  line of reasoning.  We are constrained to say that this is case of abuse of jurisdiction and we feel that the respondent deliberately moved the Calcutta High Court ignoring the fact that no part of the cause of action had arisen within the jurisdiction of that Court.  It clearly shows that the litigation filed in the Calcutta High Court was thoroughly unsustainable."
Ajay Sethi
Advocate, Mumbai
23389 Answers
1229 Consultations
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1 IBPS is not a private body and  writ petition would be maintainable 

2) writs have been filed in Delhi Patna high court against IBPS

3)IBPS is the organisation designated by 21 public sector banks to conduct examinations and undergo recruitment process.

4)The IBPS has been delegated an exclusive power/permission for conducting Common Recruitment Programme for recruitment of both Clerks and Officers in Public Sector Banks on behalf of Government of India , thus making the IBPS an “Agency” which operates ONLY under the authority/control of the Central Government to carry out such recruitment programmes in Public Sector Banks. 
Ajay Sethi
Advocate, Mumbai
23389 Answers
1229 Consultations
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1. You are not clear in your query,

2. Where did IBPA stated that it is a private body? What is he full form of IBPS?

3. If it is not a private body, you can file the writ Petition before the Calcutta High Court as suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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1. Almost all Govt. Companies/Organisations mention in their tender documents and appointment letters that the jurisdiction of Court will be of the place where their H.O. is located,

2. Despite the above, W.P.s are filed where the cause of action arises,

3. Here the cause of denying your fundamental right arose at your place where you were informed about the change of rule post interview,

4. So, file the W.P.before the Calcutta High Court.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Institute of Banking Personnel Selection (IBPS) is an autonomous agency in India, which started its operation in 1975 as Personnel Selection Services (PSS). In 1984, IBPS became an independent entity at the behest of Reserve Bank of India (RBI) and Public Sector Banks. IBPS is envisioned as self-governed academic and research oriented Institute, with a mission of enhancing human-resource development through personnel assessment. The Governing Board consists of nominees from Reserve Bank of India, Ministry of Finance Government of India, National Institute of Bank Management, representatives of Public Sector Banks, Insurance sector and academics. The matters related to policy and affairs of the Institute are vested in the Governing Board.
The above definition clearly signifies that it is not a private body hence a writ against it is maintainable.   Further since the cause of action to reject your candidature taken place at your place, you may claim jurisdiction on that ground also. 
Whether you sue IBPS in Kolkata or Mumbai, the lawyer fees have to be paid.
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
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You are confusing and confounding too many legal and constitutional concepts. IBPS is not a state institution. You should have sued it in the civil court and not HC. If you find your lawyer incompetent then change him to engage another lawyer.
Ashish Davessar
Advocate, Jaipur
18262 Answers
450 Consultations
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