Pil against ibps
K.PRASANNA
(Querist) 10 January 2014
This query is : Resolved
Respected Sir/Madam,
This is to ascertain that whether a Public Interest Litigation against IBPS is legally sound on the hereunder mentioned issue.
IBPS is a private body that conducts exams and recruitment exercises for selecting clerks/officers for various Govt organizations mainly Public Sector banks
but the process of recruitment involves a written test and subsequent interview, it is to be noted that there is a cut off declared and those candidates who score more than the cutoff marks are called for interview.
But my problem is that IBPS declares the marks of written test before the interview process instead of declaring just the roll no's elligible for interview,thereby affecting the impartiality of the interview because the attitude of the interviewers towards a candidate who has just cleared the cut off and another candidate who has got very high marks will be different and as such knowing of marks also affects the morale and psychology of the candidates themselves,almost all exams in the country declare only list of eligible candidates for appearing in the interview and declare the individual marks of written test and interview after the results are declared keeping the process both transparent and also fair at the time of interview.Even IBPS never declared the marks of written test of individual candidates when exam for individual banks was conducted and most cases the marks were never known.
I am planning to file a PIL on the above mentioned issue, just wanted some legal experts to advise me weather it will stand any ground in the courts.
Thanks & Regards
Devajyoti Barman
(Expert) 10 January 2014
If IBPS is a private body then you can file PIL against it.
Rajendra K Goyal
(Expert) 11 January 2014
We are aware that in one of the process of appointment in Govt. jobs, marks were cooked and people were appointed, though the than chief Minister and his son have to go to jail for the alleged involvement.
They are giving chances to know marks to minimize the chances of cooking at later stage i.e. after interview.
However, you may contact some Supreme court senior lawyer to proceed.
Advocate. Arunagiri
(Expert) 11 January 2014
It is a good case for PIL. Draft the PIL with the available information with you, collect evidences, and send to an advocate for fine tuning it.
I suggest you to prefer this PIL to be filed in Supreme Court.
Adv. Chandrasekhar
(Expert) 11 January 2014
IBPS is amenable to writ jurisdiction and PIL jurisdiction. But IBPS procedure to inform marks in advance to candidates is a transparent procedure to rule out any malafide on the part of the interview boards, where as individual banks' selection procedure of keeping the candidates in dark about their marks in the written examination smacks of arbitrariness, nepotism and vested benefits. It may be noted that in IBPS procedure every selected candidate for interview knows his own marks and neither the interview board members nor other candidates know his marks. The IBPS does not reveal the written examination marks to the interview board members. Even though IBPS amenable to PIL I do not see any good reason to interfere in the present procedure.
K.PRASANNA
(Querist) 11 January 2014
Respected Sir,
My very basis for thinking filing of the PIL is that the interview boards have the marks of the candidates, and the first question that they are asking the candidates is their marks and i have at least 30 students who are willing to give me an affidavit confirming the same in this case how can an interview process be fair and some of those candidates are being asked just their marks and not being asked any other question and as such would not it psycologically affect the candidates , you always want a level playing feild for everyone dont you.the point of transparency can be addressed by declaring marks of both interview and written test as is declared in other exams.
malipeddi jaggarao
(Expert) 12 January 2014
IBPS is an autonomous body and it has its own rules and regulations. I do not find the reasons given by the author of the query for filing PIL against IBPS. Even if you file,you will not succeed. There is no discretion/discrimination shown by IBPS. You are challenging their procedure which laid down by the experts and they will all their reasons for such procedure.
Advocate. Arunagiri
(Expert) 12 January 2014
If you have a real case, that a student, attended the interview and got failed.
You ask for the selection process and marks and copy of official notings etc through RTI.
For filing PIL you should have the enough proof, so collect it through RTI applications.
K.PRASANNA
(Querist) 12 January 2014
the problem is that IBPSdoes not respond to RTI
Devajyoti Barman
(Expert) 13 January 2014
First clear whether IBPS is private and autonomous body or not.
If yes, then PIL would not lie bor RTI Act as well.
T. Kalaiselvan, Advocate
(Expert) 13 January 2014
I think learned Advocate Mr. Chandrasekar has given a valuable piece of opinion and suggestion, hope this is not acceptable to the author, it is his choice to deal with the subject issue.