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.
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?
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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.
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.
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
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.
Hi. In the advertisement in clause 17 it was mentioned that jurisdiction would be in Mumbai. But in clause 4 it was also mentioned that candidates need to successful in interview & written test together. Some cutoff marks was assigned according to vacancy. I cleared those cutoff marks handsomely. So IBPS is contradicting its own clauses? High court will only see clause 17? I may be financially weak to go to Mumbai. So I will not get my fundamental rights according to art 14? Are we not the citizens of India ? As far as I know according to Art 226 any high court fixes it’s own jurisdiction. Sir, regarding state issue- IBPS says that it is a private body so writ is not applicable to it. “Reservation is implemented in IBPS, it is governed by Govt. rule hence can be made a party in a W.P” Sir is it true? I disparately need to counter this state issue. Sir I come from poor family . Suing IBPS is very costly. My lawyer who is inexperienced & takes nominal fees may not be competent like you people. Thats why I am consulting you.
Hi. In the advertisement in clause 17 it was mentioned that jurisdiction would be in Mumbai. But in clause 4 it was also mentioned that candidates need to successful in interview & written test together. Some cutoff marks was assigned according to vacancy. I cleared those cutoff marks handsomely. So IBPS is contradicting its own clauses? High court will only see clause 17? I may be financially weak to go to Mumbai. So I will not get my fundamental rights according to art 14? Are we not the citizens of India ? As far as I know according to Art 226 any high court fixes it’s own jurisdiction. Sir, regarding state issue- IBPS says that it is a private body so writ is not applicable to it. “Reservation is implemented in IBPS, it is governed by Govt. rule hence can be made a party in a W.P” Sir is it true? I disparately need to counter this state issue. Sir I come from poor family . Suing IBPS is very costly. My lawyer who is inexperienced & takes nominal fees may not be competent like you people. Thats why I am consulting you.
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."
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.
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.
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.
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.