NIRBHAY VIRAMBHAI BHIMBHA Vs. RESERVE BANK OF INDIA

JUDGEMENT

(1.) Heard learned advocate Mr. Nirav Mishra for the petitioner and learned advocate Mr. Amar Bhatt for the respondent - Reserve Bank of India.

(2.) The petitioner herein is unsuccessful aspirant for the post of Assistant in the respondent - Reserve Bank of India, who participated in the process of selection but did not qualify for not passing the language proficiency test, the petitioner now, by way of present petition filed under Article 226 of the Constitution; seeks a declaration from this Court that the determination of marks in the main written examination was required to be considered as a criterion for placing the candidate. It is prayed to declare that therefore the petitioner was entitled to be in the merit list. A further declaration is prayed for that the action on part of the respondent in not allotting the marks in language proficiency test in vernacular language in Gujarati, was erroneous in law and further to hold and declare that the petitioner had sufficient knowledge of Gujarati on the basis of the answers given by him in the proficiency test of Gujarati language, petitioner has prayed for a direction against respondent to appoint him on the post of Assistant.

(3.) The selection to the post of Assistant in the Reserve Bank of India was undertaken by issuance of advertisement for the purpose which laid down the procedure for selection. The scheme of selection comprised of preliminary examination as well as the main examination. Preliminary examination consisted of tests relating to English language, numerical ability and reasoning ability, and for all the said three tests, 100 marks was distributed. The test was preliminary test and was for composite time of one hour. The main examination in the next stage comprised of objective test of reasoning, of English language, of numerical ability and general awareness as well as the test of computer knowledge which all tests were for different durations and the total marks assigned were 200 for all the tests together. It was further contemplated that.