GAHC030002302021

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/70/2021

Sumit Kumar Bharha, Sitamarhi, Bihar

VERSUS

Mizoram Rural Bank and 3 Ors. R/b its Chairman, Head Office- B-5, Babu Tilla, McDonald Hill, Zarkawt, Aizawl 2:General Manager NW-1 Head Office- B-5 Babu Tilla McDonald Hill Zarkawt Aizawl 3:General Manager NW-2 Head Office- B-5 Babu Tilla McDonald Hill Zarkawt Aizawl

4:Chief Manager (P and OA) Head Office- B-5 Babu Tilla McDonald Hill Zarkawt Aizaw

Advocate for the Petitioner : Mr. Chandrasekhar Sinha

Advocate for the Respondent :

BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER

Date : 02.08.2021

The proceeding is conducted through remote Video Conference.

Heard Mr. Chandrasekhar Sinha, learned counsel for the petitioner, who submits that the petitioner was appointed to the post of Office Assistant in the Mizoram Rural Bank in pursuance to a selection process.

The petitioner joined his post on 21.03.2019 and as per the Regional Rural Banks (Appointment of Officers and Employees) Rules, 2017, herein after referred to as the "2017 Rules" the petitioner was to acquire the necessary proficiency in the local language (i.e., Mizo) within 6 (six) months from the date of joining. Thereafter, if the candidate did not attain the proficiency required in terms of the 3rd Schedule of the 2017 Rules, the period of 6 (six) months for acquiring proficiency in the language could be extended by the Board for another period of 6 (six) months by recording reasons in writing. However, no extension could be granted beyond the probation period.

As the petitioner did not have the proficiency in language in terms of the 3rd Schedule of the 2017 Rules, the petitioner was given 6 (six) months' time after joining his post to acquire the proficiency required. The proficiency test for the Mizo language was held during 17th – 19th February, 2020. Though the petitioner undertook the said test, the petitioner's test result was not published.

The General Manager of the Mizoram Rural Bank thereafter wrote a letter dated 05.08.2020 to the petitioner stating that the Board of Directors in its 209th meeting held on 16th July, 2020 resolved that the petitioner's probation period was to be extended by 6 (six) months w.e.f. 16th July, 2020. Thereafter, the local language proficiency would be conducted during this extension period and failure to qualify the test would result in disqualification from service. The petitioner accepted the Board resolution.

The petitioner's counsel submits that though the Mizoram Rural Bank was to conduct a local language proficiency test in terms of the letter dated 06.08.2020, no such test has been conducted. Instead, the petitioner's service with the Mizoram Rural Bank has been terminated w.e.f. 31.03.2021 due to non-fulfillment of the eligibility criteria regarding proficiency in language, vide letter dated 30.03.2021 issued by the respondent No. 1.

Issue notice returnable in five weeks.

Mr. C. Zoramchhana, learned Standing counsel accepts notice on behalf of the respondent Nos. 1 to 4.

Mr. Chandrasekhar Sinha, learned counsel for the petitioner submits that the respondent Nos. 2 to 4 are all working for the Mizoram Rural Bank.

List the matter again after 5 (five) weeks to enable the respondent's counsel to obtain instructions and file affidavit if necessary. Extra copies of the writ petition be furnished to the petitioner to Mr. C. Zoramchhana within a week.

JUDGE

Comparing Assistant