USHA Vs. INSTITUTE OF BANKING PERSONNEL SELECTION

JUDGEMENT

(1.) BY this writ petition filed under Article 226 of the Constitution of India, petitioner had challenged the action of the respondent no.1 in not declaring her successful for being appointed to the post of Rajbhasha Adhikari (Scale -I) with the Central Government organizations/banks for whom the respondent no.1 conducts the necessary examination. The reason for denying appointment to the petitioner was that the petitioner on the date of the interview had to bring the Other Backward Class (OBC) certificate, but the petitioner did not bring the requisite OBC certificate.

(2.) THE date of the interview on which the petitioner had to bring the OBC certificate was 18.3.2014 and the petitioner before this date had applied for the certificate but the governmental authorities from whom the certificate was applied, did not give the same, and therefore the petitioner could not bring the OBC certificate on the date of the interview, and which is the reason for denying employment to the petitioner in the OBC category.

(3.) IN law, citizens of this country and the common man cannot be caused prejudice because of lethargy of government departments in issuing of OBC certificates and the requirement of the respondent no.1 or an employer organization to have an OBC certificate only and essentially means that before the cut -off date a candidate must apply for the OBC certificate, and even if the same is not given before the cut -off date inasmuch as what is the time taken by the governmental authorities for giving of a certificate is not in the hands of the common man, not giving of the OBC certificate in such a case should not go against the candidate.