Madhya Pradesh High Court
Dharmratj Singh Tomar vs Union Of India on 13 March, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:5274 1 WP-11006-2021 IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE WRIT PETITION No. 11006 of 2021 DHARMRAJ SINGH TOMAR Versus UNION OF INDIA AND OTHERS Shri Prashant Sharma - Advocate for the petitioner. Shri Harshavardhan Topre - Advocate for the respondents No.2 to 5/Bank. RESERVED ON :- 10/02/2026 DELIVERED ON :- 13/03/2026 ORDER
The present petition, under Article 226 of the Constitution of India,
has been filed by the petitioners seeking following reliefs:
“(1) That, the respondents may kindly be directed to
quash / set aside the so-called social media result Annexure
Pl(2) That, the CBI / Judicial probe may please be
directed to be done against the high handed corruption and
for isolation of the rules / regulation / policy / guidlines and
the settled legal proposition with regards to service
Jurisprudence.
(3) That being the identical cause and due to the
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financial distress the petitioners may kindly be granted the
exemption in the court fee with the permission to file the
joint petition, for this purpose a seperate ad-interim is being
filled.
(4) That, any other relief(s) with cost of this litigation,
this Hon’ble court deem fit and proper in the facts and
circumstances of the case, may also be issued in favor of the
petitioners in the ends of justice.”
FACTS
Short facts of the case are that the petitioners are the Ex-servicemen
within the meaning of the policy promulgated by the Government of India,
Ministry of Personnel, Public Grievances & Pension (Department of
Personnel & Training) vide Office Memorandum No.36034/1/2006-Estt.
(Res.), dated 10.10.2012, as amended from time to time, lastly on
13.02.2020. By virtue of their status, the petitioners were entitled to
reservation and other benefits in public employment as per the prevailing
rules and guidelines issued by the competent authorities. The Government of
India, Ministry of Defence (Department of Ex-servicemen Welfare), vide
letter No.28(75)/2020-D(Res.-1), dated 13.05.2021, had clarified the
eligibility of Ex-servicemen for recruitment and appointment in security
services in Public Sector Enterprises as well as Public Sector Banks. In
furtherance of the said policy, Respondent No.2 issued letters bearing
No.HR/RC/2387, dated 13.01.2020 and No.HR/RC/2864, dated 12.03.2020
inviting applications for recruitment of Ex-servicemen against permanent
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vacancies of Bank Guards at its branches. Being fully eligible and fulfilling
all prescribed criteria, the petitioners had applied for the said posts within the
stipulated time. Thereafter, vide letter dated 17.11.2020 bearing Ref.
No.AO/GWL/HR/919, the petitioners were called for the process of
Subordinate Recruitment for the post of Bank Guards. Pursuant thereto,
Respondent No.3 conducted the Physical Fitness Test and other requisite
procedures. The petitioners had duly appeared on the prescribed date, time
and venue and successfully qualified the Physical Fitness Test with merit
marks. Despite having qualified in the Physical Fitness Test and fulfilling all
eligibility requirements, the names of the petitioners were not reflected in the
final selection list. No individual communication, rejection letter, or
reasoned order was ever issued to the petitioners explaining the grounds for
their exclusion. Subsequently, the alleged result (Annexure P/1) was
declared through social media platforms without any official notification,
authentication, signature of the competent authority, or proper publication in
accordance with established procedure. The manner in which the result was
declared was arbitrary, non-transparent and contrary to settled principles
governing public recruitment and service jurisprudence. The exclusion of the
petitioners’ names, despite securing sufficient marks and meeting all criteria,
was discriminatory and violative of Articles 14 and 16 of the Constitution of
India. Aggrieved by the said action, the petitioners had submitted detailed
representations and legal notices to the Respondents, vide Annexures P/5 and
P/6, pointing out the irregularities in the selection process and seeking
appropriate redressal.
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The petitioners, in bona fide pursuit of redressal, also approached the
District Sainik Board and submitted a detailed memorandum before the
District Magistrate, Gwalior (M.P.), seeking appropriate intervention in the
matter. However, despite such representations, no response was received and
no corrective or remedial action was taken by the respondents. The
petitioners, who are economically weak Ex-servicemen, are aggrieved by an
identical and common cause of action arising from the arbitrary, illegal and
non-transparent acts of the Respondents. In the absence of any efficacious or
alternative statutory remedy, and owing to the complete inaction on the part
of the Respondents in addressing their legitimate grievances, the petitioners
have been left with no other option but to invoke the extraordinary
jurisdiction of this Court under Article 226 of the Constitution of India,
seeking appropriate relief as indicated above.
ARGUMENTS
Learned counsel for the petitioners submitted that the entire action of
the Respondents in conducting the recruitment process for the post of Bank
Guards is arbitrary, illegal, non-transparent and violative of Articles 14, 16
and 21 of the Constitution of India, as the petitioners, being duly recognized
Ex-servicemen under the applicable Office Memorandum issued by the
Government of India and subsequent amendments, were fully eligible and
entitled to be considered for appointment against the vacancies notified
exclusively for Ex-servicemen. The Respondents, having invited applications
and permitted the Petitioners to participate in the recruitment process, were
under a constitutional and statutory obligation to ensure fairness,
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transparency and adherence to declared criteria.
It was further submitted that the selection process cannot be said to
have attained finality unless and until the result was officially declared in a
legally recognized manner, duly authenticated by the competent authority
and issued through proper channel. In the present case, the alleged result
(Annexure P/1) was merely circulated on a social media platform without
signature, seal or authorization of the competent authority. Such a mode of
publication is unknown to service jurisprudence and does not satisfy the legal
requirement of a valid declaration of result. In absence of an authenticated
and officially notified result, the selection process remains incomplete in the
eyes of law. Consequently, the so-called result is liable to be treated as non
est.
It was further submitted that the petitioners successfully cleared the
Physical Fitness Test and secured excellent and qualifying marks. Having
been declared fit and having fulfilled all eligibility conditions, the petitioners
had a legitimate expectation that their candidature would be considered
strictly on merit and in accordance with the declared norms. However,
despite qualifying the prescribed stages, the petitioners’ names were omitted
from the final list without any communication, rejection order or disclosure
of reasons. Such unexplained exclusion of meritorious candidates amounts to
manifest arbitrariness and violates the settled principles governing public
employment.
It was further submitted that no transparency was maintained with
respect to the final selection criteria, cut-off marks, comparative merit list or
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weightage, if any, granted under various categories. In absence of disclosure
of objective standards, the selection process becomes opaque and susceptible
to manipulation. Public employment must not only be fair, but must also
appear to be fair, but the Respondents have failed to satisfy this fundamental
requirement.
It was further submitted that when the petitioners sought access to the
video recording of the recruitment process in order to verify the fairness of
evaluation, Respondent Authorities failed and hesitated to provide the same.
Such reluctance to disclose relevant records give rise to a reasonable
apprehension regarding the integrity of the process and warrants an
independent enquiry or investigation. Transparency in recruitment is a
necessary facet of Article 14, and denial of access to relevant material is
contrary to the principles of natural justice.
It was also submitted that the upper age limit prescribed for the post
was 45 years. In several recruitment processes, merit marks constitute the
primary basis of selection and, in case of parity, preference is often extended
to candidates in the higher age group in recognition of their diminishing
employment opportunities. The petitioners, having secured excellent marks
and being within the permissible age limit, could not have been arbitrarily
rejected without application of a rational and disclosed policy.
Learned counsel further submitted that the recruitment notification
dated 17.11.2020 (Annexure P/4 colly) specifically contemplated priority to
candidates possessing decorations, medals, commendations or gallantry
awards. It also provided preference to personnel from “fighting arms” such
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as Infantry Division as well as candidates from tri-services categories.
However, no transparent mechanism or guideline had been disclosed
indicating how such priority was applied. The alleged prioritization appears
to have been exercised arbitrarily without any objective yardstick, thereby
vitiated the process.
It was further submitted that the petitioners are Ex-servicemen, who
have rendered dedicated service to the nation and are now responsible for the
welfare of their families. Several of them are facing financial hardship and
service-related ailments. The purpose behind reservation and preference to
Ex-servicemen is to ensure their rehabilitation and dignified resettlement in
civil life. The arbitrary denial of appointment to eligible and meritorious Ex-
servicemen defeats the beneficial intent underlying the policy.
Learned counsel relied upon the judgment of the Hon’ble Supreme
Court in Anmol Kumar Tiwari v. State of Jharkhand reported in (2021) 5
SCC 424, wherein it was categorically observed that selection to public
employment must be strictly on the basis of merit and the appointment of
candidates with lesser merit while ignoring those with higher marks is
violative of Articles 14 and 16 of the Constitution of India. The ratio laid
down therein squarely applies to the present case, where meritorious Ex-
servicemen have been excluded without any lawful justification.
It was further submitted that it is a settled proposition of law that rights
flowing from statutory provisions and constitutional guarantees are not
matters of grace or bounty but enforceable legal rights. Where State
authorities act in violation of prescribed rules or adopt arbitrary procedures,
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such action is unconstitutional and u/tra vires. Undue delay, non-disclosure
of reasons, and arbitrary exclusion offend Articles 14 and 21 of the
Constitution.
It was also submitted that when a statute or policy confers public
power and prescribes the manner of its exercise, the authority must act
strictly in accordance with that manner alone. Deviation from the prescribed
mode renders the action invalid. In Charles K. Skaria v. C. Mathew reported
in AIR 1980 SC 1230, the Hon’ble Supreme Court emphasized that
excessive reliance on technical or ritualistic formalities at the cost of
substantive justice causes hardship and defeats the very purpose of law,
reiterating that law exists for the benefit of people and not vice versa. The
conduct of the Respondents in the present case reflects precisely such
mechanical and unjust approach.
In view of the cumulative irregularities, including unauthorized
publication of the result, absence of authenticated declaration, non-disclosure
of selection criteria, denial of reasons, refusal to provide relevant records,
arbitrary application of priority categories, and exclusion of meritorious Ex-
servicemen, the entire recruitment process stands vitiated, thus, the
action/inaction of the Respondents are patently illegal, discriminatory and
unconstitutional, warranting interference by this Court under Article 226 of
the Constitution of India. Hence, the Petitioners prayed that appropriate writ,
order or direction be issued to quash the impugned result, direct a fair and
transparent reconsideration of the petitioners’ candidature strictly on merit
and in accordance with law.
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Per contra, \earned counsel for the respondents No.2 to 5 relying upon
Document No.9194 of 2024 filed on 02.12.2024, opposed the petition and
prayed for its dismissal submitting that the recruitment process was initiated
only after due administrative sanction was granted by the competent
authority. Vide letter dated 27.11.2019, the Chief General Manager (H.R.),
Corporate Centre Mumbai, advised the Chief General Manager, State Bank
of India, Local Head Office, Bhopal, to commence the process of
recruitment of Bank Guards in the concerned Circle strictly in accordance
with the extant guidelines. The said communication was issued pursuant to
letter No.HR/IR/SKJ/873, dated 20.07.2019, whereby approval was accorded
for recruitment of a total of 223 Bank Guards across the Circle. Out of these,
123 posts were allocated to the State of Madhya Pradesh, of which 10 posts
under the EWS category remained vacant.
It was further submitted that upon receipt of the recruitment sanction,
the HR Department of the Circle initiated correspondence with the Rajya
Sainik Board(RSB), with copies endorsed to the Zila Sainik Kalyan
Adhikari(ZSKA)/Zila Sainik Welfare Officer (ZSWO) of each district,
requesting sponsorship of Ex-Servicemen candidates to the extent of twenty
times the number of notified vacancies so as to ensure a broad-based and
competitive selection process. The guidelines further provided that in case
the RSB or ZSKA/ZSWO expressed inability to sponsor adequate
candidates, similar requisition could be made to the Army Welfare
Placement Organisation, subject to mandatory registration of such candidates
with the concerned ZSKA/ZSWO. It was clearly stipulated that even if the
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number of sponsored candidates fell short of twenty times the vacancies, the
Circle would proceed with the available list while making every possible
effort to obtain the maximum number of eligible candidates.
It was further submitted that the eligibility criteria were pre-defined,
objective and uniformly applicable to all candidates. The upper age limit was
prescribed as 45 years as on October of the calendar year in which
recruitment sanction was accorded. The civil educational qualification
required a pass in 8th standard or its equivalent, with the condition that the
candidate must not have passed graduation. Only Ex-Servicemen who had
completed a minimum of 15 years of colour service in the Army, Navy or
Air Force and who had not taken premature retirement on medical or
disciplinary grounds were eligible. The rank prescribed was Havildar or
below in the Army or equivalent in the Navy/Air Force, excluding Honorary
Naib Subedars or equivalent ranks. The minimum character grading required
was “Good,” and the medical category at the time of discharge had to be
“AYE” or SHAPE-I. Further, candidates were required to belong to Fighting
Arms and to be General Duty soldiers, excluding technical or service
category personnel.
Learned counsel further submitted that upon receipt of the sponsored
list of candidates, a duly constituted Screening Board, convened under the
chairmanship of the Chief Security Officer of the Circle and comprising
nominated members, scrutinized all applications to ensure strict compliance
with each and every eligibility condition. Any candidate failing to satisfy
even a single eligibility criterion was not considered further. The list of
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eligible candidates, after such scrutiny, was forwarded to the concerned
Zonal Office(s) for conduct of the selection process.
It was further submitted that the selection process was conducted
strictly on the basis of objective marking, namely Physical and Drill Test
(including Turn Out) and Character assessment, aggregating to a total of 75
marks. Passing in each component of the physical test was mandatory. The
marking parameters were predetermined and uniformly applied to all
candidates. In the event of two or more candidates securing identical marks,
the guidelines expressly provided that the candidate younger in age would be
placed higher in merit.
It was further submitted that in strict adherence to Clause 12 of the
guidelines, the Physical and Drill Tests were conducted under the
supervision of a duly constituted Selection Committee and in the presence of
the Bank’s Medical Officer. Only those candidates, who produced a valid
medical fitness certificate from an authorized medical officer, were permitted
to participate in the physical tests. Thereafter, in terms of Clause 13, the
score sheets were duly authenticated by all members of the Selection
Committee, including the observer, and transmitted in sealed cover for
compilation at the Circle level. Upon completion of the selection process
across Zonal Offices, the AGM (HR) compiled the results and prepared
separate category-wise merit lists for each State in accordance with the
applicable reservation policy and relevant judicial precedents.
Learned counsel further submitted that upon compilation of the results
for the State of Madhya Pradesh, it was observed that the candidates had
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performed exceptionally well, leading to high cut-off marks in certain
categories. The category-wise cut-off marks and the date of birth of the last
selected candidates were determined strictly on the basis of total marks
secured and, in cases of tie, by applying the age criterion, whereby the
younger candidate was placed higher in merit. Only those candidates who
secured marks equal to or above the cut-off in their respective categories and
ranked higher in merit were selected.
It was further submitted that in terms of Clause 17 of the guidelines,
the results of only the successful candidates were declared by the AGM (HR)
and communicated to the Rajya Sainik Board, Bhopal on 07.06.2021, which
in turn informed the concerned District Sainik Welfare Officers for
communication to the selected candidates. The results were also published
on the official website of SBI, Bhopal Circle on the same date, whereby 113
Ex-Servicemen were selected in the State of Madhya Pradesh. Thus, the
allegation that the results were declared merely on social media is wholly
misconceived and factually incorrect.
It was further submitted that since the present petitioners did not find
place in the final merit list, their names were not included in the list of
successful candidates. However, for transparency and proper adjudication,
the respondents have placed on record a tabular chart containing the
particulars of all 22 petitioners, including their Army Number, father’s
name, date of birth, category, marks obtained, result and reason for non-
selection.
It was further submitted that even those petitioners who secured 75
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marks were not selected in cases where other candidates in the same
category had also secured 75 marks but were younger in age and therefore
ranked higher in merit in accordance with the guidelines. Similarly, those
petitioners who secured less than 75 marks, though declared to have passed
the physical test, could not be selected as the cut-off in their respective
categories stood at 75 marks due to the superior performance of other
candidates. The non-selection of the petitioner was thus the result of strict
adherence to the merit-based criteria and tie-breaking provisions contained in
the guidelines and does not suffer from any arbitrariness, illegality or mala
fides.
It was further submitted that the challenge to the recruitment process
in question has already been considered and rejected by the Kerala High
Court vide judgment dated 31.01.2025 passed in W.P.(C) No.19520 of 2021
titled as Ajith Kumar V.V. (Removed) & Ors. vs. State Bank of India &
Others., wherein the recruitment process undertaken by the respondent Bank
was upheld.
It was further submitted that the State Bank of India, being a statutory
authority, enjoys the liberty and administrative discretion to frame its own
recruitment policies and guidelines, and the courts ordinarily do not interfere
in such policy matters unless the same are shown to be manifestly arbitrary
or violative of statutory provisions. In support of the said submission,
reliance was placed on the judgment of the Gauhati High Court in Lachit
Chandra Bora vs. State Bank of India and Others, reported in (2009) 3 GLR
628, decided on 11.11.2008.
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It was further contended that the burden of establishing mala fides lies
heavily upon the person who alleges the same. Allegations of mala fides are
often easy to make but difficult to prove, and the seriousness of such
allegations requires proof of a high degree of credibility. In this regard,
reliance was placed upon the judgments of the Hon’ble Supreme Court in
Indian Railway Construction Co. Ltd. vs. Ajay Kumar , reported in (2003) 4
SCC 579; State of Bihar vs. P.P. Sharma , reported in 1992 Supp (1) SCC
222; Ajit Kumar Nag vs. Indian Oil Corporation Ltd. , reported in (2005) 7
SCC 764; and Union of India vs. Ashok Kumar, reported in (2005) 8 SCC
760.
It was further contended that it is a well-settled principle of law that
candidates who have voluntarily participated in a selection process, including
interview and other stages of recruitment, cannot subsequently challenge the
same merely because they have been unsuccessful in the process. Such
candidates cannot be permitted to approbate and reprobate, and a writ
petition filed by them challenging the selection process is not maintainable.
In support of the said proposition, reliance was placed upon Madan Lal and
Others vs. State of J&K and Others, reported in (1995) 3 SCC 486; Anupal
Singh vs. State of Uttar Pradesh, reported in (2020) 2 SCC 173; Sadananda
Halo and Others vs. Momtaz Ali Sheikh and Others, reported in (2008) 4
SCC 619; Mohd. Mustafa vs. Union of India, reported in (2022) 1 SCC 294;
and D. Sarojakumari vs. R. Helen Thilakom, reported in (2017) 9 SCC 478.
It was also submitted that picking up a negligible or isolated few
instances cannot form the basis for striking down either the method of
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selection or the selections ultimately made. In this regard, reliance was
placed upon the judgment of the Hon’ble Supreme Court in Jasvinder Singh
vs. State of J&K, reported in (2003) 2 SCC 132.
It was further contended that the scope and extent of judicial review in
matters concerning the selection process are extremely limited. The High
Court, while exercising jurisdiction under Article 226 of the Constitution of
India, does not sit as an appellate authority over the decision of the Selection
Committee and cannot undertake a roving or microscopic inquiry into the
factual aspects of the selection process. In support of the said proposition,
reliance was placed upon Dalpat Abasaheb Solunke vs. Dr. B.S. Mahajan ,
reported in AIR 1990 SC 434; Secretary (Health) Department of Health &
Family Welfare vs. Dr. Anita Puri, reported in (1996) 6 SCC 282; M.V.
Thimmaiah vs. Union Public Service Commission, reported in (2008) 2 SCC
119; Om Prakash Poplai and Rajesh Kumar Maheshwari vs. Delhi Stock
Exchange Association Ltd., reported in (1994) 2 SCC 117; and Sadananda
Halo and Others vs. Momtaz Ali Sheikh and Others, reported in (2008) 4
SCC 619.
In view of the aforesaid sequence of events and compliance with the
prescribed procedure at every stage as well as the judgments cited above, it
was submitted that the entire recruitment process was conducted in a fair,
transparent and lawful manner, and the present writ petition, being devoid of
merit, deserves to be dismissed.
By way of filing I.A. No. 3016 of 2022 on 27.04.2022, which is an
application seeking the calling of the entire record of the recruitment process
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and which has been disposed of by this Court vide order dated 18.10.2024,
learned counsel for the petitioners submitted that the respondents, in its
return, had stated that as per the conditions of the advertisement, in case of
candidates securing identical marks, preference would be given to the
candidate who is younger in age. It was further stated that in the State of
Madhya Pradesh, candidates belonging to the General Category had secured
100% marks, i.e., 75 out of 75 marks, due to which other candidates who had
secured higher marks than the petitioners were appointed.
It was further submitted that in the entire return filed by the
respondents, neither the final selection list nor the complete marks of all the
candidates have been disclosed. It was contended that with a mala fide
intention, the respondents had prepared only a list pertaining to the
petitioners and has assigned marks to them according to its own whims and
fancies. In this regard, it was pointed out that the marks of petitioner No.1,
namely, Dharamraj Singh Tomar, and petitioner No.12, namely, Vimal
Kumar Dubey, as provided by the respondents along with the return, have
been shown as 72 and 70 respectively, whereas in the reply furnished under
the Right to Information Act, annexed as Annexure A alongwith the said IA,
the respondent has indicated that both the said petitioners had secured 75
marks. It was thus contended that the aforesaid act of the respondents clearly
reflects malice and illegal intent, and in order to conceal the irregularities
allegedly committed by them, the respondents had prepared a selective list of
the petitioners and furnished incorrect marks before this Court. It is also
evident that several candidates of comparatively higher age have been
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selected in an arbitrary manner, while appointment has been denied to the
petitioners in an illegal fashion. By way of illustration, it was pointed out that
one candidate, namely, Rajinder Singh, belonging to the Scheduled Caste
category, having his date of birth in the year 1979, has been selected,
whereas as per the return filed by the respondents, the candidate selected in
the Scheduled Caste category is stated to have the birth year of 1981. It was
thus argued that the said discrepancy reflects illegality and mala fides on the
part of the respondents, particularly when no satisfactory explanation has
been offered as to why the final recruitment list and the complete marks list
have not been placed on record.
It was further submitted that the illegality on the part of the respondent
was also reflected from the fact that despite the filing of numerous
applications under the Right to Information Act, copies of which are annexed
as Annexure B along with the said IA, no reply has been furnished and
neither the final selection list nor the marks list has been supplied. According
to the petitioners, such conduct on the part of the respondents clearly
demonstrates mala fide intent and lack of transparency in the recruitment
process.
It was also submitted that the notification filed as Annexure P/3
reflects that the respondents had sought the names of 2460 ex-servicemen,
whereas as per Annexure R/1 filed alongwith the reply of the respondents
No.2 to 5 vide Document No.9194 of 2024, there were 223 vacancies in the
Bhopal Circle. Out of these, only 113 posts have been filled by the
respondents, while the remaining posts are still lying vacant. It was
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contended that despite the availability of meritorious and eligible candidates,
including the petitioners, the respondents had failed to fill up the remaining
vacancies without assigning any valid reason.
It was lastly submitted that the process of recruitment to public posts
must be fair, transparent and free from any arbitrariness or suspicion.
However, in the present case, the conduct of the respondents, including non-
disclosure of the complete selection record, contradictory information
regarding the marks obtained by the petitioners, and failure to provide the
final merit list, clearly reflects mala fides and arbitrariness in the recruitment
process.
In reply to aforesaid I.A. No. 3016 of 2022, an application seeking the
calling of the entire record of the recruitment process, learned counsel for the
respondents No.2 to 5 relying upon Document No.8439 of 2023 filed on
18.10.2023 submitted that the averments made in the application are vague,
misleading and devoid of any merit and, therefore, deserve to be denied in
toto. It was vehemently denied that the respondents had, with any mala fide
intent, prepared a list only of the petitioners and assigned marks to them
according to its whims and fancies. The marks were awarded to the
candidates strictly in accordance with the detailed criteria prescribed in the
guidelines governing the recruitment process.
It was further submitted that during the Bank Guard recruitment
exercise, the Bank had received hundreds of applications under the Right to
Information Act seeking various information relating to the recruitment
process. Around ten of the petitioners had also submitted RTI applications
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and were provided with timely replies to the information sought by them.
However, during the course of furnishing replies to the RTI applicants, the
Central Public Information Officer (CPIO) inadvertently provided incorrect
particulars regarding the marks secured by two petitioners, namely, Shri
Dharmraj Singh Tomar and Shri Vimal Kumar Dubey.
It was further submitted that upon realizing the said error, the CPIO
immediately rectified the mistake and issued a corrected reply to Shri Vimal
Kumar Dubey vide letter No. Prem/RTI/794/724 dated 22.10.2021 sent
through India Post Speed Post bearing Dak No.EI318904557IN, mentioning
that the earlier reply issued vide letter No. Prem/RTI/617 dated 30.08.2021
was incorrect.
It was further submitted that the petitioner, Shri Vimal Kumar Dubey,
has deliberately concealed the said rectified reply (which is enclosed and
marked as Annexure R/5 alongwith Document No.8439 of 2023) from this
Court with an intent to mislead the Court.
It was further submitted that with respect to the RTI application
submitted by the present petitioner/Shri Dharmraj Singh Tomar, due to a
clerical error, incorrect information was furnished in the RTI reply and the
same could not be realized and rectified at the relevant time. However, upon
filing of the present application, the respondents noticed the said bona fide
error and accordingly, issued a rectified reply (which is enclosed and marked
as Annexure R/6 alongwith Document No.8439 of 2023) to the present
petitioner vide letter No. Prem/RTI/338 dated 05.07.2022 sent through India
Post Speed Post bearing Dak No. EI306757750IN. It was submitted that the
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correct factual position with regard to the marks secured by both the
aforesaid petitioners has already been stated in the counter affidavit filed by
the Bank and the same is duly reflected in the rectified RTI replies.
It was further submitted that that even assuming, without admitting,
that both the petitioners, namely, Shri Vimal Kumar Dubey and Shri
Dharmraj Singh Tomar had secured 75 marks, the same would not alter the
final outcome of the selection process. It was pointed out that the marks
secured by the last selected candidate in the General Category were 75 and
the date of birth of the said candidate was 06.07.1984, which makes the last
selected candidate younger in age than the aforesaid petitioners. Therefore, in
terms of Clause 7 of the applicable guidelines, which clearly provides that in
case two or more candidates secure identical marks, the candidate younger in
age shall be placed higher in merit, the petitioners would still not qualify for
selection.
Learned counsel further submitted that the allegations made by the
petitioners regarding the selection of candidates of higher age in an arbitrary
manner are also vague, baseless and false. It was specifically denied that
numerous candidates of higher age were selected arbitrarily. With regard to
the allegation concerning the selection of one Shri Rajinder Singh, allegedly
belonging to the Scheduled Caste category and stated to have been born in
the year 1979, it was submitted that the name of the said person does not
appear in the list of candidates who participated in the recruitment process
under challenge. It was further pointed out that the petitioners have failed to
provide the Army number of the said alleged candidate, which constitutes the
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conclusive identity of a candidate. In the absence of such particulars, no
further comments can be made with respect to the alleged selection of the
said candidate.
It was further submitted that the allegations regarding non-furnishing
of information under the Right to Information Act are also incorrect, as the
applications filed under the Right to Information Act, 2005 were duly dealt
with by the respondents in accordance with the provisions of the said Act. It
was also stated that the final select list was duly forwarded to the Rajya
Sainik Board and there was no mala fide intention on the part of the Bank in
the conduct of the recruitment process.
Learned counsel further submitted that the contention raised by the
petitioners regarding the number of vacancies is also misleading. It was
pointed out that the Bhopal Circle comprises both the State of Madhya
Pradesh and the State of Chhattisgarh. As stated in the reply filed by the
respondents, there were a total of 223 vacancies in the Bhopal Circle. Out of
these, 123 posts of Bank Guards pertained to the State of Madhya Pradesh,
out of which 10 posts remained vacant under the EWS category, whereas the
remaining 100 posts of Bank Guards pertained to the State of Chhattisgarh.
It was therefore specifically denied that 110 posts were lying vacant in
relation to the recruitment process under challenge.
A reply on behalf of Respondent No. 6, namely, the Director, Sainik
Welfare Department, Rajya Sainik Board, was filed vide Document No. 7248
of 2021. In the said reply, it was submitted at the outset that Respondent No.
6 has no active or direct role in the recruitment process in question and that
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the petitioners have not sought any specific relief against him. It was further
stated that the role of Respondent No. 6 was limited and purely
administrative in nature.
It was further submitted that the respondent Bank had vacancies for
the post of Bank Guards at the State level and, accordingly, vide its letter
dated 13.01.2020, requested the Rajya Sainik Board, Bhopal, which functions
as the central depository of data relating to ex-servicemen belonging to the
State of Madhya Pradesh, to forward the names of at least 2640 ex-
servicemen having a younger age profile who fulfilled the eligibility criteria
prescribed by the Bank. In response to the aforesaid communication dated
13.01.2020, Respondent No. 6 forwarded a list of suitable candidates who
satisfied the minimum eligibility criteria as laid down by the Bank for
appointment to the post of Bank Guards.
It was further submitted that subsequently, vide letter dated
12.03.2020, the Bank sought a revised list of names of at least 2460 ex-
servicemen with a younger age profile who met the revised eligibility
criteria, in the format enclosed with the said letter. A perusal of the aforesaid
letter dated 12.03.2020 clearly indicates that the only modification made by
the Bank pertained to the eligibility criteria, whereby candidates belonging to
“Fighting Arms” as well as “Services” from the Army, Navy, or Air Force
were made eligible to apply for the post of Bank Guard. In compliance with
the revised criteria communicated by the Bank, Respondent No. 6, through
the Rajya Sainik Board, Bhopal, forwarded a revised list of candidates on
30.06.2020 strictly in accordance with the eligibility requirements prescribed
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by the Bank.
It was further submitted that the entire recruitment process was
initiated, designed, and conducted at the behest of the Bank. All terms,
conditions, and eligibility criteria governing the recruitment were framed
exclusively by the Bank. The role of Respondent No. 6 was confined only to
forwarding the names of candidates who fell within the eligibility parameters
prescribed by the Bank. Respondent No. 6 neither participated in nor
exercised any control over the selection or recruitment process. Accordingly,
he bears no active role or responsibility in the alleged irregularities, if any,
pertaining to the recruitment process.
It was also submitted that for proper adjudication of the issues raised
in the present petition, the reply on merits is required to be filed by the
concerned respondents responsible for conducting the recruitment process.
A reply on behalf of Respondent No.7 has been filed vide
Document/I.A. No. 12176/2021, wherein it was submitted that Respondent
No. 6 has already filed its reply/return to the instant writ petition. It was
further submitted that the submissions and averments made in the said reply
filed by Respondent No.6 are relevant and applicable to the case of the
respondent No.7 as well. Accordingly, the respondent No.7 has sought liberty
from this Court to permit him to adopt the reply/return filed by Respondent
No.6, for the purposes of the present proceedings.
By way of filing LA. No. 1508 of 2024 on 20.02.2024, which is an
application for taking additional documents on record and which has been
allowed by this Court vide order dated 10.02.2025, the counsel for the
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petitioners submitted that the respondents had taken a plea that all the
candidates who appeared from the Gwalior Zone were meritorious and had
attained 100 percent marks, due to which candidates of younger age were
appointed while the candidates who were comparatively older were not
appointed. It was further submitted that pursuant to a similar advertisement,
appointments were also made in the State of Rajasthan wherein candidates
belonging to different age groups, including candidates having birth year of
1976, were appointed. Therefore, it is beyond comprehension as to why a
similar set of Rules has been applied differently with respect to the
candidates of the Gwalior Zone. It was pointed out pertinently that while
making appointments in the State of Rajasthan, the respondents have not
adopted any criteria of preferring candidates of younger age, as candidates
who were around 45 years of age were also shortlisted and appointed. It was
further submitted that the maximum age of 45 years is itself one of the
essential eligibility criteria, and therefore candidates who were at the
maximum permissible age were also duly appointed.
DISCUSSION AND CONCLUSION
Heard learned counsel for the parties at considerable length and
perused the pleadings, documents placed on record, this Court proceeds to
examine the controversy in the backdrop of the settled principles governing
recruitment to public employment and the limited scope of judicial review
under Article 226 of the Constitution of India.
At the outset, it is not in dispute that the recruitment process in
question was initiated pursuant to administrative sanction granted by the
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competent authority of the respondent Bank for appointment to the post of
Bank Guards from amongst Ex-servicemen. The material placed before this
Court indicates that the recruitment exercise was conducted in accordance
with the guidelines framed by the respondent Bank and the eligibility
conditions prescribed therein. The record further reflects that the respondent
Bank sought the names of eligible candidates from the Rajya Sainik Board,
which acts as a central repository of information relating to Ex-servicemen.
The role of the said authority was confined merely to forwarding the names
of candidates who satisfied the minimum eligibility criteria prescribed by the
Bank. The actual process of screening, evaluation, and final selection was
undertaken by the respondent Bank through its duly constituted committees.
From the documents placed on record, it further appears that upon
receipt of the list of sponsored candidates, the applications were scrutinized
by a Screening Board constituted by the respondent Bank so as to ensure that
the candidates satisfied the prescribed eligibility conditions and only those
candidates, who fulfilled all the requirements, were permitted to participate
in the subsequent stages of the recruitment process. The guidelines governing
the recruitment process further stipulated that the selection would be based
upon the Physical and Drill Test, including assessment of turnout and
character, carrying a total of 75 marks. It was also provided that passing each
component of the physical test was mandatory and the final merit position
would be determined on the basis of the total marks obtained by the
candidates.
Significantly, the recruitment guidelines also incorporated a tie-
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breaking provision which clearly stipulated that in the event of two or more
candidates securing identical marks, the candidate younger in age would be
placed higher in the order of merit. The said provision formed part of the
recruitment policy governing the entire selection process and was uniformly
applicable to all candidates.
The principal grievance raised by the petitioner is that despite
qualifying the Physical Fitness Test and allegedly securing high marks, their
names did not appear in the final list of selected candidates. The petitioner
has also contended that the result was allegedly circulated through social
media platforms without proper authentication and the respondents failed to
disclose the complete merit list of all candidates.
However, the respondents had categorically stated that the results were
compiled by the competent authority at the Circle level and were thereafter
communicated to the Rajya Sainik Board for onward dissemination to the
concerned District Sainik Welfare Officers. The respondents had further
stated that the results were also uploaded on the official website of the Bank.
In the absence of any cogent material to demonstrate that the results were
declared in an unauthorized manner, this Court is unable to accept the
contention that the recruitment process stood vitiated merely because certain
information have been circulated on social media platforms.
It is well-settled that merely qualifying in a particular stage of a
recruitment process does not confer any indefeasible right upon a candidate
to be appointed. The right of a candidate is limited only to fair consideration
in accordance with the rules governing the recruitment process. In this
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regard, the Hon’ble Supreme Court in Shankarsan Dash v. Union of India,
reported in (1991) 3 SCC 47, has categorically held that even a candidate
whose name appears in a select list does not acquire an indefeasible right to
appointment unless the recruitment rules specifically provide so.
The record placed before this Court further indicates that a large
number of candidates participating in the recruitment process secured the
maximum marks prescribed under the guidelines. In such circumstances, the
tie-breaking rule contained in the guidelines had to be applied. As per the
said rule, preference was to be given to the candidate who was younger in
age. The respondents had explained that several candidates secured identical
marks and the younger candidates were placed higher in the merit list strictly
in accordance with the said guideline. The petitioner has not been able to
demonstrate that the said criterion was either arbitrary or applied selectively.
The petitioners have also sought to draw a comparison with the
recruitment undertaken in the State of Rajasthan and have contended that
candidates of higher age were appointed there, whereas in the present
recruitment process preference was accorded to younger candidates in cases
of equal marks. In the considered opinion of this Court, such comparison is
misconceived. The recruitment process in the present case was governed by
the specific guidelines framed by the respondent Bank, which expressly
incorporated a tie-breaking provision stipulating that in the event of two or
more candidates securing identical marks, the candidate younger in age shall
be placed higher in the order of merit. The said provision formed an integral
part of the recruitment policy applicable to the selection process in question.
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Significantly, the validity of the said tie-breaking rule has not been
specifically challenged by the petitioners in the present proceedings. Once
the recruitment guidelines expressly provide for a particular method of
resolving a tie in marks, and the candidates have participated in the process
with full knowledge of the said condition, the same cannot be assailed
merely because its application has resulted in the non-selection of certain
candidates.
It is equally well settled that an employer, particularly a statutory
authority such as the respondent Bank, possesses the administrative
discretion and liberty to frame its own recruitment policies and criteria,
including the method of preparation of the merit list and the mechanism for
resolving a tie in marks, provided such criteria are not arbitrary,
discriminatory, or violative of statutory provisions. The petitioners have not
been able to demonstrate that the tie-breaking rule based on age suffers from
any such infirmity. The mere fact that in another recruitment process
conducted in a different State or Circle, appointments may have been made
under a different factual scenario or merit position does not render the policy
applied in the present selection process illegal. Recruitment processes
conducted in different jurisdictions may yield different outcomes depending
upon the comparative performance of candidates and the applicable merit
position, and such variation cannot, by itself, constitute a ground for judicial
interference.
Therefore, in the absence of any challenge to the validity of the
recruitment guidelines themselves and in the absence of any material
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demonstrating selective or arbitrary application of the tie-breaking rule, this
Court finds no illegality in the action of the respondents in placing younger
candidates higher in the order of merit where identical marks were secured.
It is equally well settled that the High Court, while exercising
jurisdiction under Article 226 of the Constitution of India, does not sit as an
appellate authority over the decision of the Selection Committee. It cannot
undertake a re-evaluation of the comparative merit of candidates. In Dalpat
Abasaheb Solunke v. Dr. B.S. Mahajan (supra), the Apex Court held that the
courts should be slow in interfering with the assessment made by expert
bodies and should not substitute their own opinion for that of the Selection
Committee.
Similarly, in M.V. Thimmaiah v. Union Public Service Commission,
reported in (supra), it was reiterated that the scope of judicial review in
matters relating to selection is extremely limited and the Court cannot re-
assess the comparative merits of candidates.
Another settled principle which applies squarely to the facts of the
present case is that a candidate who participates in a selection process with
full knowledge of the rules governing the same cannot subsequently
challenge the process merely because he has not been selected. The Hon’ble
Supreme Court in Madan Lal v. State of Jammu and Kashmir (supra), has
held that a candidate who takes part in the selection process cannot later turn
around and question the process after finding that he has been unsuccessful.
The petitioner has placed reliance upon the judgment of the Apex
Court in Anmol Kumar Tiwari vs. State of Jharkhand (supra), to contend that
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selection to public employment must be strictly on the basis of merit and
appointment of candidates with lesser merit while ignoring those with higher
marks is violative of Articles 14 and 16 of the Constitution of India.
However, the said judgment is clearly distinguishable on facts. In the said
case, the Apex Court found that candidates with higher marks were
arbitrarily ignored while candidates with lower merit were appointed in
violation of the prescribed criteria. In the present case, however, the
respondents had demonstrated that the petitioner was not selected because
several candidates had secured identical marks and, in accordance with the
tie-breaking provision contained in the recruitment guidelines, the younger
candidates were placed higher in merit. Thus, the principle laid down in the
aforesaid judgment does not advance the case of the petitioners.
The petitioner has also placed reliance upon the judgment in Charles
K. Skaria vs. C. Mathew (supra), to contend that excessive reliance on
technicalities should not defeat substantive justice. The ratio of the said
judgment, however, does not apply to the facts of the present case. In the
instant matter, the respondents had acted strictly in accordance with the
recruitment guidelines and the prescribed criteria governing the selection
process. The application of the tie-breaking rule based on age cannot be
characterized as a mere technicality but forms an integral part of the
recruitment policy.
The allegations raised by the petitioner regarding discrepancies in the
marks furnished under the Right to Information Act have also been explained
by the respondents. The respondents had placed on record that the incorrect
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information was furnished due to a clerical error on the part of the Central
Public Information Officer and the same was subsequently rectified by
issuing corrected replies. In the considered opinion of this Court, such an
inadvertent clerical error cannot by itself lead to the conclusion that the
entire recruitment process was vitiated by mala fides.
The petitioner had further alleged that certain candidates of higher age
were selected in an arbitrary manner. However, the petitioner had failed to
place any reliable material on record to substantiate the said allegation. No
complete particulars of such candidates have been furnished and the identity
of the alleged candidates has not been established. In the absence of such
particulars, the allegation remains vague and incapable of judicial scrutiny.
It is also a settled principle that allegations of mala fides must be
supported by clear and convincing evidence. Mere suspicion or conjecture
cannot form the basis for a finding of mala fides. The Apex Court in Indian
Railway Construction Co. Ltd. v. Ajay Kumar (supra), has held that
allegations of mala fides are easy to make but difficult to establish and must
be supported by credible evidence.
In the present case, apart from making general allegations of
arbitrariness and lack of transparency, the petitioner has not been able to
demonstrate any concrete illegality in the recruitment process. The material
placed on record indicates that the selection was conducted in accordance
with the prescribed guidelines and the petitioner was not selected only
because he did not rank sufficiently high in the final merit list after
application of the tie-breaking criteria.
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In view of the aforesaid discussion, this Court is of the considered
opinion that the petitioner has failed to establish that the recruitment process
in question was vitiated by any arbitrariness, mala fides, or violation of the
constitutional guarantees enshrined under Articles 14 and 16 of the
Constitution of India. The allegations raised in the present writ petition are
largely based on conjectures and unsubstantiated assertions and do not
warrant interference by this Court in exercise of its extraordinary jurisdiction
under Article 226 of the Constitution of India.
Consequently, this Court does not find any merit in the present
petition. The writ petition filed under Article 226 of the Constitution of India
is accordingly dismissed.
No order as to costs.
All pending IAs, if any, stand disposed of.
(MILIND RAMESH PHADKE)
JUDGE