LAWS(BOM)-2023-1-95

DIPAK KEDA AHER Vs. BANK OF MAHARASHTRA

Decided On January 20, 2023
Dipak Keda Aher Appellant
V/S
BANK OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of parties, taken up for fnal hearing.

(2.) By this petition, Petitioner assails the order dtd. 7/10/2020 issued by the respondent-Bank cancelling his candidature for appointment on the post of Generalist Offcer, Scale-II. The cancellation of candidature is done on account of petitioner not fulflling the essential qualifcation of 60% marks in Bachelor 's Degree in aggregate of all semesters/years.

(3.) Shorn of unnecessary details, the facts of the case are that Recruitment Notifcation issued by the respondent-Bank for recruitment inter-alia to the post of Generalist Offcer, Scale-II on 10/12/2019 requiring essential qualifcation of Bachelor 's Degree in any discipline with knowledge in Computers, with a caveat that candidate must secure minimum of 60% marks in Bachelor 's Degree in aggregate of all semesters/years. Petitioner possesses qualifcation of Diploma in Electronics and Telecommunication Engineering and on the strength of such a diploma, he secured lateral entry to second year of Bachelor of Engineering and completed the course. He applied in pursuance of the Notifcation and appeared for online examination and qualified the same. He thereafter applied for personal interview/group discussion and came to be selected and was issued with a provisional offer of employment dtd. 27/7/2020. One of the conditions of provisional offer was to seek a discharge from previous employer. Petitioner was employed in Axis Bank since 26/8/2019 and tendered resignation on 27/7/2020 with a view to join respondent-Bank. His resignation was accepted and he was relieved by Axis Bank on 25/8/2020. On the same day, offce order dtd. 25/8/2020 was issued by the respondent-Bank, by which Petitioner came to be appointed and posted to Nashik Zone. It is averred that on 10/9/2020, when he reported to the Zonal Manager, Nashik Zone, he was orally informed that his candidature was cancelled on account of non-fulfllment of eligibility criteria. By order dtd. 7/10/2020, his candidature came to be cancelled on the ground of non-fulfllment of minimum 60% marks in Bachelor 's Degree in aggregate of all semesters/years. Order dtd. 7/10/2020 is the subject matter of challenge in the present petition.