PRADIP BISWAS Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 19.7.1999 passed by the learned Single Judge dismissing the petition filed by the appellate writ petitioner assailing the memorandum being BNM 140/02.02.02/99-2000 dated May 25, 1999, that the appellant/petitioner had not fulfilled the minimum requisite qualification as the petitioner did not secure 50% marks in SSC Examination without considering that the authority has selected the petitioner on the basis of the marks obtained in his academic achievements as well as written test and viva voce organized by Institute of Banking Personal (Selection), Mumbai and without considering that the petitioner is a Scheduled Caste and as such his educational and economic interest is to be protected under Article 46 of the Constitution of India.

(2.) The appellant/petitioner belongs to the category of Scheduled Caste applied for the post of Production Assistant Grade-1 in response to the advertisement for the required posts in Employment News dated 22nd November, 1996. The advertisement came to be published at the instance of Bharatiya Reserve Bank Note Mudran Limited which authorized the Institute of Banking Personal (Selection), Mumbai for selection of the posts of Industrial workmen Staff Grade I and III and that the essential qualification for Grade I posts was SSC Examination with 50% marks and certificate from any recognized ITI/NAC. The said advertisement also provided reservation for the Scheduled Caste, Scheduled Tribe and OBC candidates as per the Government guidelines. It further provided that reservation as per government policy is extended in favour of OBC category, however, no concession in the matter of age educational qualification, examination fees or qualifying standards will be available to the candidates who belong to OBC category. It is the case of the petitioner that he appeared for the written examination for the said post on 2nd February, 1997 and passed the written examination and was required to attend the interview at Shalboni under the District of Midnapore.

(3.) In response to the representation dated 26th April, 1999 and subsequent letter dated 29th May, 1999, the Deputy General Manager of Bharatiya Reserve Bank Note Mudran Limited intimated by letter that owing to non-fulfillment of minimum basic qualification, the candidature of the candidate was not considered further for appointment.