Case Note & Summary
The petitioner, Sri. Basetti S/o Mallappa Chimmalagi, a B.A. graduate, challenged a notification dated 16-12-2016 issued by the Bagalkot District Co-operative Bank Ltd. (respondent) for recruitment to the post of Clerk. The notification restricted eligibility to B.Com graduates only, excluding B.A. graduates. The petitioner contended that the Bank had previously allowed B.A. graduates to apply for the same post, and the sudden change was arbitrary and violative of Article 14 of the Constitution. The Bank argued that the classification was based on the nature of the job requiring commerce background. The High Court of Karnataka, Dharwad Bench, perused the petition and objections. The Court found that the Bank had on earlier occasions provided opportunities to B.A. graduates to apply for the Clerk post. The Court held that the classification excluding B.A. graduates was not based on any intelligible differentia and was arbitrary. The Court quashed the impugned notification and directed the Bank to consider the petitioner's application in accordance with law. The judgment was delivered on 12-04-2017 by Justice B. Sreenivase Gowda.
Headnote
A) Constitutional Law - Equality - Article 14 - Arbitrary Classification - Exclusion of B.A. graduates from Clerk recruitment despite prior practice of allowing them - Held that the classification must be reasonable and based on intelligible differentia; the Bank's action was arbitrary and discriminatory (Paras 2-3). B) Service Law - Recruitment - Eligibility Criteria - Judicial Review - Bank's notification restricting eligibility to B.Com graduates only - Held that the Bank cannot deviate from its past practice without valid justification; the impugned notification was quashed (Paras 2-3).
Issue of Consideration
Whether the respondent-Bank's notification dated 16-12-2016 excluding B.A. graduates from applying for the post of Clerk is arbitrary and violative of Article 14 of the Constitution of India, given that B.A. graduates were previously allowed to apply.
Final Decision
The writ petition is allowed. The impugned notification dated 16-12-2016 (Annexure-F) is quashed. The respondent-Bank is directed to consider the petitioner's application in accordance with law.
Law Points
- Equality under Article 14
- Arbitrary classification
- Judicial review of recruitment conditions
- Estoppel by conduct
