VIKAS KUMAR Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The petitioner is a visually impaired person, belonging to a Scheduled Caste community. He is blind by birth. He applied as a visually impaired Scheduled Caste candidate for the post of Probationary Officer, which was for the various Nationalised Banks, where the examination was conducted by a body known as "Institute of Banking Personnel Selection" (hereinafter referred to as "IBPS") which has its Head-Office in Bombay. He has been declared successful in the examination and appointed as a Probationary Officer. Yet he is not able to join his post. Hence this writ petition. The following are the admitted facts of the case.

(2.) The online application form was filled by the petitioner for the aforesaid post in March 2012. All the same, the online application form was being filled on the instructions of the petitioner through someone else, which is understandable as the petitioner is a visually impaired person. There a slight mistake was committed, while filling this form. In the application form, the petitioner applied as a visually impaired person belonging to the Other Backward Class (in short "O.B.C.") and not as a Scheduled Caste candidate.

(3.) The petitioner was given his online admit card for the said examination, which had its centre at Dehradun, in Uttarakhand. When the petitioner obtained his online admit card, he discovered the mistake in his application form, which he had submitted online, where he had mentioned his category as O.B.C. visually impaired, though he was Scheduled Caste and therefore, he immediately tried to rectify this mistake with I.B.P.S. Subsequently, the petitioner appeared in the written examination at Dehradun on 17.06.2012 in which he was declared successful in the O.B.C. category as visually impaired person. The petitioner has obtained 51% marks in the examination which is higher marks obtained by the last (Scheduled Caste visually handicapped) as well as OBC (visually handicapped) candidate. Therefore, whichever way we look at it, or treat the petitioner, he has to be declared successful, the counsel for the petitioner would submit.