TUTAN BISWAS Vs. TRIPURA STATE CO-OPERATIVE BANK LIMITED

JUDGEMENT

(1.) This petition is filed by an individual challenging the action of respondent No.1, Tripura State Co-operative Bank Limited of not selecting and appointing the petitioner on the post of Assistant Grade pursuant to selection process which was undertaken in terms of advertisement dated 06.01.2015.

(2.) Brief facts are as under: Respondent No.1 is a Co-operative Bank. On 06.01.2015 the bank had issued a public advertisement notifying various vacancies which would be filled up through the selection process which the bank would undertake. This advertisement included 42 vacancies for the post of Assistant Grade Officers. The petitioner possessed the requisite educational qualifications. He in fact held the qualification of MBA against the preferred qualifications of BCA, BBA and B.Com as advertised by the bank. The petitioner belonged to the SC community. He applied for the post in question. The selection process included a written test and computer test followed by viva voce. At the end of the selection process, the bank prepared a select list which did not include the petitioner. After some inquiries with the bank the petitioner realised that the bank had appointed a total of 70(seventy) candidates in the said grade as against 42 notified vacancies. The petitioner thereupon challenged the selection process and sought his appointment on various grounds.

(3.) The bank has raised a preliminary ground of maintainability of this petition contending that the bank is not a State within the meaning of Article 12 of the Constitution of India. Meeting with this ground, learned counsel for the petitioner submitted that the State Government has deep and pervasive control over the bank functioning and management. He pointed out that the creation of posts and prescription of pay scales for the bank employees has to be approved by the Government. The Government also is a principal investor and thus finances the bank. The State Government thus has financial as well as complete administrative control over the functioning of the bank clearly signifying that the respondent No.1, bank is a State within the meaning of Article 12 of the Constitution.