MANISH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Shri R.K. Ojha, learned Senior Advocate assisted by Shri Pramod Kumar Vishwakarma for the petitioner and Shri S.K. Mishra, appearing for the FCI and Shri Praveen Kumar Singh for the Respondent no.7 and Shri Dharmendra Singh for the Respondent no.5 and Respondent no.6 newly private respondent is not representing.

(2.) This petition has been filed by the petitioner praying for a direction to be issued to the Respondent FCI to consider the candidature of the petitioner in OBC Category and to place him in the Select List dtd. 26/7/2018 in respect of Advertisement No.3 of 2015-FCI/Category-III issued by the Respondents for the post of Assistant Grade-III (General/Accounts/ Technical/Depot) and also not to finalize the selection process in pursuance of Select list dtd. 26/7/2018 till consideration of the petitioner as Assistant Grade-III for appointment under OBC Category.

(3.) It has been argued that an Advertisement had been issued in February, 2015 by the FCI Zone wise for Recruitment of Junior Engineer, Assistant Grade-III (Typist Hindi and Assistant Grade-III). The petitioner submitted his Online application on 14/3/2015 showing himself as belonging to OBC candidate. A Total 131 posts were reserved for OBC Category in Assistant Grade-III cadre. The respondents finalized the Selection process and declared a Select list and also a common waiting list of candidates in which the name of the petitioner was placed at Sl.no.862 in OBC Category and his rank was shown as 276. However, in the Revised waiting list the respondents have placed the petitioner in General Category at Sl.no.276 without any reason. When the revised waiting list was issued on 1/2/2018, the petitioner has made a Representation to the respondents praying that he may be considered for OBC Category and he may be allowed to give his OBC Certificate in its original for the grant of benefit of reserved Category. The petitioner was called for Document Verification on 14/2/2016. The petitioner had appeared for documents verification at Noida, the entire documents in support of his claim were produced before the Authority concerned.