F. H. JAKKAPPANAVAR v. CANARA BANK, BANGALORE — 1980 DIGILAW 319 (KAR)

( 1 ) UNDER the Banking Companies (Acquisition and Transfer of Undertakings) Act of 1970 (Central Act No. 5 of 19l70) the Canara Bank Limited with its registered office at Mangalore, dakshina Kannada, was nationalised with effect from 19-7-1969 and is. a wholly owned undertaking of the Central Government. From that day onwards, its banking business is carried in its numerous branches throughout India under the name and style of "canara Bank" as a body corporate, which is the respondent before me. ( 2 ) A large percentage of posts of Routine Officers Cadre Grade IV of the Bank viz. ,. 80% are filled by promotion from those that are working in the cadres of Clerks, Sub Assistants and stenographers, on holding an examination for that purposes at regular intervals at various centres of the Country, to which only persons with a certain period of service and qualification are permitted to appear. An interview is then held for those that have secured the qualifying marks and then selections are made to the said cadre existing 6 years of service 5 years of service with P-I of CAIIB 4 years of service with both parts of CAIIB apart from the above, the Bank in conformity with the directions of the Central Government, has decided that the members of S. Cs. and S. Ts. would be declared to have passed the examination; if they secure 35% marks as against 40170' marks in the written examination to others. ( 3 ) EVIDENTLY taking advantage of the relaxations extended by the Bank to the members of S. Cs. and S. Ts. , the petitioner, a member of scheduled caste, appeared for the examination held by the bank on 6-4-1980 along with numerous other persons in various centres. ( 4 ) BEFORE the Bank could hold its examinations at various centers, several in-service persons, belonging to the general category, approached the High Courts of Calcutta, Andhra Pradesh and allahabad, challenging the action of the Bank, providing for reservations and relaxation of conditions to the members of S. Cs. and S. Ts. In Civil Rule No. 2968 of 1980, Sriyuths Sudipta chowdary and others while challenging the action bf the Bank, sought for interim directions restraining the Bank to give" effect to its de of posts which is classified as an All India cadre by the Bank. and S. Ts. In Civil Rule No. 2968 of 1980, Sriyuths Sudipta chowdary and others while challenging the action bf the Bank, sought for interim directions restraining the Bank to give" effect to its de of posts which is classified as an All India cadre by the Bank. ( 5 ) WITH the object of providing reservations to members of Scheduled Castes and Scheduled tribes, Government of India has issued various directions or circulars to the nationalised Banks and other public undertakings- (vide Annexure 1 ). On a consideration of those directions and circulars, the Bank issued Memo No. 53/80 dated 8-2-1980 (Annexure A) inter alia stating thus: "as per the directive from the Government of India, it has now been decided to effect reservation for the employees belonging to Scheduled Castes/scheduled Tribes in the matter of promotions also. The reservation will be 15% and 71% of the vacancies declared for S. C. and S. T. employees respectively. It has further been decided to relax the qualifying service for employees to these categories. The relaxations suggested are as under: relaxation FOR SC/st employees 4 years of service. 3. years of service with P-1 of CAIIB 2. years of service with both parts of CAIIB cisions referred to in that petition providing reservations and relaxation of conditions to members of S. Cs. and S. Ts. On 2-4-1980 the High Court of Calcutta, while issuing rule nisi in the said petition, has made an interim order in these terms (Annexure II ). "there will be an interim order of injunction till the disposal of the Rule, to this extent that the examinations scheduled to be held on the 6th April, 1980 can be held. But after the examination the Annexures A, B and D in so far as these provide for reservation and relaxation in favour of scheduled Castes and Tribes, the same should not be given effect to till the disposal of this Rule. But I make it clear, however, the promotions by the general test can be made but the promotion from the reservations quota of the Scheduled Castes and Tribes shall not be made until direction from this Court. If the candidates from the Scheduled Castes and Tribes are otherwise qualified, they may be appointed. This injunction will be confined only to the Grade IV Routine Officer. If the candidates from the Scheduled Castes and Tribes are otherwise qualified, they may be appointed. This injunction will be confined only to the Grade IV Routine Officer. If it is ultimately held in favour of the petitioners, then the posts reserved for the Scheduled castes and Tribes should be made available to the persons who appeared at the examination and found suitable had there been no reservation or relaxation made". In the other writ petitions, filed before the Andhra Pradesh and Allahabad High Courts, rule nisi has been issued and the said High Courts, have made the following interim orders (Annexures III and IV): andhra Pradesh High Court "it is further ordered that the test to beheld on 9-3-1980 shall go on but any promotions of -the employees to routine officers cadre Grade IV on the basis of the Memos Nos. 53 and 54 of 1980 dated 8-2-1980 ' shall be subject to the result of the writ petition. " allahabad High Court "examination may take place in the month of April, 1980 as scheduled and the results thereof may be declared, but so far as the posts and candidates regarding whom dispute has been raised by petitioners are concerned, effect to the same will not be given tiff further orders of this court. " ( 6 ) THE respondent construing the aforesaid interim orders, in particular, that of the High Court of Calcutta, as prohibiting declaration of results of candidates of S. Cs. and S. Ts. only has withheld the declaration of results of those candidates only and not the candidates that had appeared from the general category. Without the declaration of their results in the written examination the members of S. Cs. and S. Ts. that have passed the examination cannot be interviewed, much less they can be promoted to the posts reserved to them. In this view, the petitioner who is a member of scheduled caste and had appeared for examination, has moved this, Court under Article 226 of the Constitution to issue a writ in the nature of mandamus to the respondent to publish the names of successful candidates and then proceed with the promotion process of all candidates including the S. Cs. and S. Ts. candidates and certain other incidental reliefs. ( 7 ) IN its detailed return, the respondent has sought to justify its action on more than one ground. and S. Ts. candidates and certain other incidental reliefs. ( 7 ) IN its detailed return, the respondent has sought to justify its action on more than one ground. So far as the declaration of results in the written examination, the respondent has urged that the interim orders of the High Courts, in particular of the High Court of Calcutta, prohibit it from declaring the results of S. Cs. and S. Ts. , interviewing them and making promotions to the posts reserved for those members. Not being content with the above, the respondent/has urged that there has been no decision as such to provide reservations and that the same is also violative of an Industrial Set1lement and cannot be enforced by the petitioner. ( 8 ) S. Sri H. B. Datar, learned counsel for the petitioner, has contended that through the interim orders made by the High Courts of Calcutta, Andhra Pradesh and Allababad did no, t prohibit the declaration of results- of the written test in respect of the S. Cs. and S. T. the respondent has totally misunderstood the said orders and has illegally withheld the declaration of results. ( 9 ) SRI S. G. Sundaraswamy, learned counsel for the respondent, while supporting its action, urged that the interim order of As High Court of Calcutta, read as a whole clearly prohibits it from declaring the results and its action is; therefore justified. ( 10 ) EARLIER, I have extracted the interim orders made by the High Court of Calacutta, Andhra pradesh and Allahabad. In any the said orders, in particular the High of Calcutta, has not in express and terms directed the respondent from holding the declaration of results of the written test of S. Cs. and S. Ts. candidate. On the other hand, all the High Courts have in unambiguous terms permitted the respondent to hold the examinations as decided by the Bank. ( 11 ) THE examination held was one and an indivisible examination. Undoubtedly, the petitioners before all the other High Courts, aggrieved by the relaxation of conditions and the reservations made to S. CL and. S. Ts. have moved those High Courts challenging those action of the respondent and for appropriate interim orders. But, those High Courts have expressly clear terms the respondent for holding the examinations for all candidates including the S. CL and S. Ts. S. Ts. have moved those High Courts challenging those action of the respondent and for appropriate interim orders. But, those High Courts have expressly clear terms the respondent for holding the examinations for all candidates including the S. CL and S. Ts. Admittedly, the respondent does not construe the interim orders as prohibiting the declaration of results to general category and has also published the so that is so and when the interim orders made by the other High Courts, including the High Court of Calcutta, do not expressly prohibit the respondent from declaring the results of the examination, which necessarily means the examination held for S. Cs. and S. Ts. also, I do not see any legal hurdle for the respondent to declare the results or written test of S. Cs. and S. Ts. candidates. ( 12 ) M Sri Sundaraswamy, however, urged that second part of Clause (1) of the interim order of the Calcutta High Court viz. , "ba after the examination the Annexi4res A, 9 and D in so far as those provide for reservation and relaxation in favour of Scheduled castes and Tribes, the same should not be given effect to till the disposal of this Rule", should be read as prohibiting the respondent from giving effect to those orders and declaring the results of S. Cs. and S. Ts. candidates that had appeared for the written test 0 - pursuance of the said orders. In my opinion the aforesaid sentence of the interim order, cannot be read in the manner suggested by Sri sundaraswamy. When, the Court expressly permitted the respondent to hold examinations, I cannot read the interim order as directing that the Bank should withhold declaration of results of only the S. Cs. and S. Ts. and can declare the results of other candidates. On the other hand, the same should be read as permitting the respondent to hold the written test and declare the results also. ( 13 ) FOR the above reasons, I hold that the respondent has illegally withheld the declaration of results of S. Co. and S. Ts. But, from this it does not necessarily follow that a mandamus to consider the case of the petitioner for promotion to the reserved posts can also be granted. ( 13 ) FOR the above reasons, I hold that the respondent has illegally withheld the declaration of results of S. Co. and S. Ts. But, from this it does not necessarily follow that a mandamus to consider the case of the petitioner for promotion to the reserved posts can also be granted. ( 14 ) THE interim order of the High Court of Calcutta in specific terms directs the Bank not to act on the circulars/directions providing for reservations and relaxations to S. Cs. and S. Ts. and make promotions to the posts reserved to those categories. But, the said order permits the Bank to make promotions to the general category. The interim order of the Allababad High Court also appears to be on the same lines. ( 15 ) SRI Datar, in my opinion, rightly did not dispute the above position. But, he contended that the said orders can only operate within the respective States namely West Bengal and Uttar pradesh and are ineffective in the other States and, therefore, the Bank is bound to make promotions to posts reserved for S. Cs. and S. Ts. In support of his contention Sri Datar strongly on the rulings in Shiv Shanker Lal Gupta v Commr. of Income-tax, Bombay, AIR 1968 Delhi 295; Hukam Chand Jagannath v. Union of India, ILR (1968) 2 Punj 456; Damomal Kausomal raisinghani v. Union of India, AIR1967 Bom 355 , (1966 )68 bomlr474 and W. W. Joshi v. Mate of Bombay, AIR1959 Bom 363 , (1959 )61 BOMLR829 , ILR1959 Bom 1267. ( 16 ) SRI Sundaraswarny urged that the orders made by the other High Courts are operative throughout the Country and are binding on the Bank. In support of his contention Sri sundaraswamy relied on the rulings in Dr. P. S. Rao v. The Union Government (1972) 2 Mys 302 : LAIR 1974 Mys39); Gopal Vinayak Godse v. Union of India, AIR1971 Bom 56 , (1970 )72 BOMLR871 , 1971 Crilj324 ; Serajuddin and Co. v. State of orissa, AIR1971 Cal 414 and Orient Paper Mills v. Union of India, AIR1979 Cal 114 , 83 CWN328. ( 17 ) A High Court in India can normally exercise jurisdiction over the territorial area for which it is constituted or specifically empowered by the Constitution, cannot be disputed. v. State of orissa, AIR1971 Cal 414 and Orient Paper Mills v. Union of India, AIR1979 Cal 114 , 83 CWN328. ( 17 ) A High Court in India can normally exercise jurisdiction over the territorial area for which it is constituted or specifically empowered by the Constitution, cannot be disputed. But, sub-article (1-A) of Article 226 of the Constitution, introduced by 15th Amendment of the Constitution now re-numbered as sub-article (2) by latter amendments, empowers every High Court in India to entertain and issue writs/directions or orders if the cause of action wholly or in part arises within its territorial jurisdiction, notwithstanding that the seat of Government or authority or the residence of the person or persons is not situated within its territory but is situated outside its territory. The power to entertain a petition and issue writs comprehends in itself the power to make all such interim orders as are necessary to feed the main relief and the circumstances so justify. ( 18 ) THE term "cause of action", a well known legal expression, familiar to every lawyer and judge, means a bundle of essential facts, which it is necessary to prove, if traversed by the opposite party in order to secure the relief prayed for by the petitioner before that Court. Evidently, the petitioners before the respective High Courts, have approached those Courts at least with a plea that the cause of action wholly or in part had arisen within their territorial jurisdiction of those Courts and, therefore, those Court had jurisdiction to entertain and grant reliefs prayed for by them under Article 226 of the Constitution. Whether all or any of those high Courts that have entertained the writ petitions and granted various interim orders, would ultimately accept the plea of the petitioners and grant them relief or dismiss the writ petitions upholding the objections of the opposite parties that the cause of action wholly or in part had not arisen within its territorial jurisdiction, is too early to state. In my view, that question has to be raised, considered and decided by the High Courts before which the writ petitions are filed and the same cannot be examined and decided by this Court, whatever be the inconvenience and hardship that is caused to the petitioner and others. In my view, that question has to be raised, considered and decided by the High Courts before which the writ petitions are filed and the same cannot be examined and decided by this Court, whatever be the inconvenience and hardship that is caused to the petitioner and others. Under the scheme of our Constitution and the laws made thereto, any such order will have to be challenged by the aggrieved person only before that Court or before the Supreme Court only and the same got vacated. Apart from this, it would be most improper for one High Court in the to sit in judgment over the decisions of that high Court and hold that the decisions of that High Court are not in conformity with the constitution and the laws land an order made by another High Court its not operative in any other territorial are altogether than the territorial area over which it can normally exercise its jurisdiction. Article 261 of the Constitution which directs that full faith and credit shall be given to all public acts and judicial proceedings also leads to the same concluded ( 19 ) IN the rulings relied on by the counsel, the High Courts were dealing with an action taken by a Government or a subordinate authority, for which purpose they were examining whether the cause of action wholly or in part had arisen within its territorial jurisdiction or not. But, in this case, that is not the position. What is sought to be urged is, that the interim orders made by other high Courts are wholly without jurisdiction or those orders are inoperative over areas other than its territorial areas. In this (view, the ratio of "he rulings relied on by counsel on either side do not bear on the precise question that arises for determination. For these reasons I cannot accede to this ~contention of Sri Datar and reject the same. ( 20 ) AS to what steps should be taken by the petitioner or such other persons who are similarly placed or for the respondent and others to get the interim orders of those High Courts vacated or modified which undoubtedly affect the parties to those proceedings and others also, is a matter for the petitioner and others to decide and I express no opinion on the same. ( 21 ) AS stated earlier, so long as the interim orders of other High Courts, at any rate the High court of Calcutta, is in operation, the Bank is precluded from making promotions to the posts reserved for S. Cs. and S. Ts. When that is so, having regard Ito my earlier conclusion, I cannot direct the respondent to ignore the orders of those Courts and make promotions in definance of those orders. Hence, I decline to grant this land the other reliefs sought by the petitioner. ( 22 ) IN the memos or circulars, the respondent has clearly decided to provide for reservations and relaxation of terms and conditions to S. Cs. and S. Ts. In this petition the respondent cannot challenge the same only way ground much less on the grounds urged in its return. I, therefore, decline to examine the other grounds urged for the respondent. ( 23 ) IN the light of my above discussion, I issue a writ in the nature of mandamus to the respondent to declare the results of Scheduled Castes and Scheduled Tribes candidates that had appeared for the examination on 6-4-1980 in terms of the relaxations and conditions on which they were permitted to appear for the said examination, with Oil such expedition as is possible in the circumstances of the case and in any event, within a period of 15 days from the date of receipt of the writ or order of this Court. ( 24 ) RULE issued is made absolute to the extent indicated above and discharged it other respects. ( 25 ) IN view of their devided success and failure, I direct the parties to bear their own costs. ( 26 ) ORDERED accordingly.