SANDEEP KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant, who was the petitioner before the learned Single Judge in proceedings under Article 226 of the Constitution, has challenged the judgement and order dated 17 September 2014 by which his petition has been dismissed. The writ petition was instituted in order to challenge an order by which the services of the appellant were terminated on 11 June 2013 by an order of termination simpliciter.

(2.) The Power Grid Corporation of India1 which is represented in these proceedings by the second, third and fourth respondents, issued an advertisement on 14 January 2009 inviting applications inter alia for the post of Diploma Trainee (Electrical). Of the thirteen posts for Diploma Trainee (Electrical) that were advertised, eight were in the general category while five were reserved; two for OBC candidates (non creamy layer)2, two for SC candidates and one for ST candidates. The appellant applied in response to the advertisement. Before this Court, it is not in dispute that in his application, the appellant claimed that he was an OBC candidate, which was assigned Category Code 03. The Corporation conducted a written test. Since there were eight posts for candidates of the general category, a list of twenty four candidates was drawn up in accordance with the order of merit in the written test. The last general category candidate had secured 47.06% marks. Hence, candidates in the reserved category, who had marks equal to or higher than the cut off of the last candidate in general category, were also treated in the general category since such candidates had sufficient marks, above the cut off for the general category candidates.

(3.) The appellant, Sandeep Kumar was shown in the list of OBC (NCL) candidates. Since there were two posts for OBC candidates, a list of six candidates was drawn up on the basis of the percentage of marks obtained in the written test and in which the appellant was placed at serial no. 3. The final evaluation sheet for the post of Diploma Trainee (Electrical) indicated that the appellant was, on the basis of his being an OBC candidate, granted a relaxation in the minimum qualifying marks in the written test. One of the OBC candidates, Manish Kumar Saini who had secured 56.18% marks in the written test did not obtain the minimum qualifying marks in the interview and was also accordingly granted a relaxation as contemplated. A select list of candidates was drawn up in which the name of the appellant was shown in the OBC (NCL) category at serial no. 3. Since the first selected candidate from the OBC category, Manish Kumar Saini did not join despite the issuance of an offer, the appellant was selected for the position.