MOHD IRSHAD Vs. DENA BANK

JUDGEMENT

(1.) It is the case of the Petitioner that pursuant to an advertisement by Respondent No. 1 for filling up of regular vacancies for the post of "Probationary Officers" (JMG SCALE -I), the Petitioner applied for the same as an OBC candidate and was also invited to appear for the pre-examination training for recruitment to the aforesaid post. The selection process, admittedly, included a written test (Descriptive and Objective) and an interview. The Petitioner got a call letter from the Respondents stating that the written examination is to be held on 21st September, 2008. In the "Acquaint Yourself" booklet received by the Petitioner along with the call letter, it is stated in the last paragraph of page 11:

(2.) The Petitioner took the written examination. He claims to have made repeated telephone calls to the Respondents enquiring about the examination results, but failed to get any positive response from them. He states that on 10th August, 2009, he then filed an application under the RTI Act seeking information about his position in the merit list and the marks obtained by him as well as the list of selected candidates and the marks obtained by them. In the reply to the application, dated 14.09.2009, the Petitioner was informed that he had not figured in the merit list as he was absent for the interview. It is the case of the Petitioner that he was never informed about or called for any interview.

(3.) In its counter affidavit, the Respondent submits that the relief sought for cannot be granted to the Petitioner in view of the fact that the Petitioner was never appointed or recruited by the Respondent bank and therefore, the question of resumption of duties cannot arise. The Respondent further alleges that the Petitioner is guilty of suppression of the material fact that a letter dated 3rd November, 2008 was sent to the Petitioner, whereby, he was called for an interview on 21st November, 2008. Therefore, the contention raised in the petition that the Petitioner was unaware of the interview is without any substance.