Court Dismisses Petition Seeking Uniformity in Disqualification Clauses Across Public Sector Banks
In a significant judgment, the Bombay High Court has dismissed a writ petition filed by Kapil, challenging the disqualification clauses in recruitment advertisements of public sector banks. The petitioner had sought a directive from the court to restrain banks, including IDBI Bank, from disqualifying candidates based on past misconduct or disciplinary punishment. The bench, comprising Justices Vibha Kankanwadi and Hiten S. Venegavkar, ruled that public sector banks are autonomous entities with the discretion to determine their recruitment policies, subject to constitutional validity.
The petitioner, previously employed with Maharashtra Gramin Bank, was removed from service due to disciplinary action but contended that such removal should not serve as a disqualification for future employment. He argued that the absence of centralized rules against perpetual disqualification implies that banks act arbitrarily in rejecting candidates based on past misconduct.
However, the court observed that each bank is a distinct legal entity and has the autonomy to frame its recruitment policies. The court emphasized that judicial intervention to impose uniformity across diverse institutions is unwarranted and that policy decisions in recruitment lie primarily within the employer's domain.
Furthermore, the court clarified that past misconduct can be a legitimate consideration for assessing a candidate's suitability, especially in sensitive sectors like banking. The judgment also dismissed the contention that such disqualification amounts to double jeopardy, stating that recruitment decisions do not equate to a second punishment.
The court concluded that the petitioner's case lacked a specific challenge to any particular recruitment rule or advertisement and thus did not warrant judicial interference. Consequently, the petition was dismissed, affirming the banks' discretion in recruitment matters.
Bottom Line:
Recruitment policy - Courts cannot mandate uniformity in recruitment policies of public sector banks under Article 226 of the Constitution - Employers have discretion to assess past conduct, antecedents, and suitability of candidates, especially in sensitive sectors like banking.
Statutory provision(s): Article 226, Constitution of India; Article 20(2), Constitution of India; Regulation 39, Maharashtra Gramin Bank Service Regulations
Kapil v. Union of India, (Bombay)(Aurangabad Bench)(DB) : Law Finder Doc Id # 2842097
