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Patna High Court

Rakesh Kumar PandeyversusThe Union of India

Decided
Disposal
DISPOSED

Holding

The petition was dismissed because IBPS is not a State within the meaning of Article 12 and the six‑year lapse with destroyed records precludes any effective relief.

Summary

The petitioner applied for the IBPS Common Recruitment Process for Regional Rural Banks and, after clearing the written exam, was shortlisted for interview but was denied participation because his experience certificate was not accepted. He filed a writ petition against the Union of India, various ministries, NABARD, a regional bank and the Institute of Banking Personnel Selection (IBPS) seeking a direction to be allowed to appear for the interview. The court examined whether IBPS qualifies as a "State" under Article 12 of the Constitution, citing the Supreme Court’s decision in Rajbir Surajbhan Singh v. Chairman, IBPS, and concluded that IBPS is a public trust, not a State, and therefore not amenable to writ jurisdiction. Additionally, the court noted that more than six years had elapsed, the selection process had been completed, and the relevant records had been destroyed, rendering any effective adjudication impossible. Consequently, the petition was closed, with the petitioner directed to seek compensation or other relief from the appropriate authority.

Issues considered

  • Whether the Institute of Banking Personnel Selection (IBPS) falls within the definition of a State under Article 12 of the Constitution and is thus subject to writ jurisdiction under Article 226.
  • Whether the writ petition is maintainable given the lapse of time and destruction of examination records.
  • Whether the petitioner is entitled to a direction to be allowed to appear for the interview despite the alleged non‑recognition of his experience certificate.

Legislation cited

Subjects

  • writ jurisdiction
  • Article 12
  • public trust
  • IBPS
  • recruitment interview
  • procedural delay
  • compensation

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.2981 of 2020
     ======================================================
     Rakesh Kumar Pandey Son of Sri Ramashankar Pandey Resident of Village
     and P.O.- Simri Bakulahan Patti, P.S.- Simri, District- Buxar 802135,
     presently residing at HO Ajit Kumar Srivastava, Rajenderpuri, Kalambagh
     Road, Muzaffarpur, Bihar 842001.

                                                                ... ... Petitioner/s
                                     Versus
1.   The Union of India Through Department of Finance.
2.   The Secretary Department of Financial Services, Ministry of Finance,
     Government of India, New Delhi.
3.   The Secretary Human Resource Development Department, Government of
     India, New Delhi.
4.   The Secretary Department of Financial Services, Ministry of Finance,
     Government of Bihar, Patna.
5.   The General Manager NABARD, Plot C-24, G Block, Bandra Kurla
     Complex, BKG Road, Bandra East, Mumbai, Maharashtra.
6.   The MD and CEO Punjab National Bank, Plot No. 4, Sectror-10, Dwarka,
     New Delhi 110075.
7.   The Chairman Madhya Bihar Gramin Bank, Sh Vishnu Commercial
     Complex, New Bypass, Nh-30, Ashokchak, Patna 800016.
8.   Institute of Banking Personnel Selection (IBPS) xxx

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr. Pravin Kumar, Adv.
     For the State          :     Mrs. Anuradha Singh, SC-21
     For the NABARD         :     Mr. Siddhartha Prasad, Adv.
     For the IBPS           :     Mr. Siddhartha Prasad, Adv.
                                  Mr. Sunit Kumar, Adv.
     For the Bank           :     Mr. Praveen Prabhakar, Adv.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT
      Date : 25-06-2026

                    This Court has heard Mr. Pravin Kumar, learned

      Advocate for the petitioner, Mr. Siddhartha Prasad, learned

      Advocate for the NABARD and IBPS as well as Mr. Praveen

      Prabhakar, learned Advocate for the Madhya Bihar Gramin
Patna High Court CWJC No.2981 of 2020 dt.25-06-2026
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         Bank.

                     2. The petitioner having requisite qualification applied

         for online examination for Common Recruitment Process for

         RRBs (CRP RRBs VII) for recruitment to the post of Group – A

         Officers (Scale – II) conducted by the Institute of Banking

         Personnel Selection as per the advertisement, in which apart

         from educational qualification of MBA in Marketing from a

         recognized University, an experience of one year in the relevant

         field was required for the post of Marketing Officer.

                     3. The petitioner successfully appeared in the online

         written examination and submitted all the necessary documents,

         including the experience certificate of one year and he was

         accordingly shortlisted for interview. However, when the

         petitioner approached before the authorities concerned, he was

         not allowed to appear and participate in the interview, on

         account of his certificate having not been reckoned by the

         concerned authorities.

                     4. Aggrieved, the petitioner filed representation before

         all the authorities concerned, but to no avail and finally

         preferred the present writ petition seeking a direction upon the

         respondents to allow/arrange for petitioner to appear in

         interview conducted for selection having the requisite work
Patna High Court CWJC No.2981 of 2020 dt.25-06-2026
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         experience, on the basis of which the petitioner was previously

         allowed by the respondent to appear in the interview, after

         clearing the IBPS Examination.

                     5. During the pendency of the writ petition, an

         interlocutory application bearing I.A. No. 01 of 2021 has been

         filed for impleading Institute of Banking Personnel Selection

         (IBPS) as party respondent. The interlocutory application was

         allowed vide order dated 17.03.2021 and the notices were duly

         accepted by Mr. Siddhartha Prasad, learned Advocate and

         subsequently, filed a counter affidavit.

                     6. A preliminary objection has been raised with regard

         to maintainability of the writ petition against the IBPS, who is

         said to be not falling within the definition of the State, as

         defined under Article 12 of the Constitution of India. It is

         submitted with all vehemence that answering respondent IBPS

         is a public trust registered under the Bombay Public Trust Act,

         1950 and also the Societies Registration Act, 1860. It is not a

         statutory body established under a specific statute rather an

         autonomous body, which aids the participating regional rural

         banks and other organizations in conducting tests according to

         the mandate given by them.

                     7. To support the aforesaid contention, heavy reliance
Patna High Court CWJC No.2981 of 2020 dt.25-06-2026
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         has been placed on a decision rendered by the Hon’ble Supreme

         Court in the case of Rajbir Surajbhan Singh Vs. The

         Chairman, Institute of Banking Personnel Selection, Mumbai

         [SLP (C) No. 18201 of 2015], the copy of which has already

         been brought on record by way of Annexure-A to the counter

         affidavit. Various other decisions of different High Courts as

         well as of this High Court have been placed on record that the

         IBPS is not a State and, as such, amenable to writ jurisdiction

         under Article 226 of the Constitution of India.

                     8. Besides the preliminary objection, an averment has

         also been made that the entire provisional allotment process

         under CRP RRBs VII has already been completed on

         31.12.2019, in accordance with the terms and conditions of the

         said advertisement and it is further stated that the record of

         interview was instantly sent to IBPS soon after the completion

         of respective activity. Further, as per IBPS Policy for Retention

         and Destruction of Examination material, all the documents

         related to CRP RRBs VII project have been destroyed, hence the

         respondent IBPS shown his inability to comment on the

         contention raised by the petitioner.

                     9. On the other hand, learned Advocate for the Bank

         also submitted that during the pendency of the writ petition, all
             Patna High Court CWJC No.2981 of 2020 dt.25-06-2026
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                      the       process         of       selection    and   consequently

                      appointment/promotion have been completed and the new

                      incumbents have already joined on their respective post.

                                  10. After careful consideration of the materials on

                      record and the submissions aforenoted, as also on being found

                      that no writ petition could be maintained against IBPS as it does

                      not fall within definition of State under Article 12 of the

                      Constitution of India, which is a necessary party, no proper

                      adjudication is possible. Besides during the interregnum period,

                      more than six years have gone over, and the records have also

                      been destroyed and, as such, this Court deems it fit and proper

                      to close this litigation with a liberty to the petitioner to approach

                      before the competent authority/Court for proper compensation

                      or any other reliefs for the alleged negligence or wrongful act of

                      the authorities concerned.

                                  11. Accordingly, the present writ petition stands

                      closed with the liberty aforesaid.




                                                  (Harish Kumar, J)
shivank/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          29.06.2026
Transmission Date       NA


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