I request you to suggest me in matter related to recruitment of Bank employee by IBPS.The IBPS has been permitted by the Department of Financial Services, Ministry of Finance, Government of India vide letter no. 10/30/1/2010IR dated 20 September 2010 to conduct Common Recruitment Programme for selection of both Clerks and Officers in Public Sector Banks.The two key facts of this Case are:
- Department of Personnel Vide notification dated 1,July,1985 directed all PSU/PSB to grant complete exemption from payment of fees to SC/ST candidate for appearing in recruitment examination.Thus, no fee is demanded from SC/ST candidates for recruitment in all PSU.Link of Order https://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36011_3_84-Estt-SCT-01071985.pdf
- Since then no recuitment fee was demanded by any PSU/PSB.In 2010 the recruitment of Public Banks was delegated to IBPS (private body).Now, they have imposed recruitment fee on candidates from SC/ST candidates on ground mention:
- IBPS states its a private body recruiting on behalf of Public Sector Bank and Dopt notification regarding exemption of fees is not applicable to IBPS.
- Public Sector Bank states that they are not involved inrecruitment process and have no role in deciding fee.
Now, can order of DOPT be violated in this matter by outsourcing recruitment procedure.If this is valid than on same ground 15%/7.5% reservation can also be denied by out sourcing recruitment to private agency.Can reservation guidlines/notifications violated by PSU by delegating recruitment to private bodies is valid?
Recently, CIC delcared IBPS a public authority under article 12.CIC order states:
"IBPS is an autonomous body registered as a Public Trust under the Bombay Public Trust Act of 1950 and as a Scientific and Industrial Research Organization by the Department of Scientific and Industrial Research, Ministry of Science and Technology, Government of India. Further, the Governing Board of IBPS consists of nominees from Reserve Bank of India, Ministry of Finance (Government of India), National Institute of Bank Management, representatives of Public Sector Banks, and Insurance Sector. The matters related to policy and affairs of the Institute are vested in the Governing Board. This leads us to conclude that IBPS is an organization which is controlled by the Government as well as agencies and instrumentalities of the State falling under the heading "other authorities" within the meaning of Article 12 of the Constitution of India"
Link of complete order ; https://ciconline.nic.in/rti/docs/cic_decisions/CIC_DS_A_2011_000802_M_74073.pdf
