LAWS(GAU)-2023-9-98

KAKUMONI BARMAN Vs. PUNJAB NATIONAL BANK

Decided On September 07, 2023
Kakumoni Barman Appellant
V/S
PUNJAB NATIONAL BANK Respondents

JUDGEMENT

(1.) Heard Shri A. R. Tahbildar, learned counsel for the petitioner. Also heard Shri A. Ganguly, learned Standing Counsel, Punjab National Bank, who submits that affidavit- in-opposition as well as an additional affidavit have been filed by the said respondents. Shri P. J. Phukan, learned counsel is present for the Gauhati University.

(2.) The grievance of the petitioner pertains to a communication dtd. 30/6/2022 whereby her appointment as Peon in the Punjab National Bank (hereinafter PNB) has been cancelled.

(3.) The facts projected in the writ petition is that an advertisement was issued by the PNB for filling up certain posts including 5 (five) posts of Peon in the unreserved category. Under Clause-5, the eligibility criteria have been stated regarding the age as well as the qualification. Since the issue hinges around qualification, it would be necessary to mention that the prescribed qualification was "minimum and maximum pass in XIIth standard or its equivalent with basic reading/writing knowledge of English". The advertisement also stipulated that candidates having completed higher qualification i.e. Graduation and above are not eligible. It is the case of the petitioner that she had applied for the said post on 12/2/2022 and has claimed to have met the eligibility criteria, both in terms of the age and qualification. It is the categorical case of the petitioner that on the date of submission of such application, the petitioner was a Higher Secondary pass candidate. In the said recruitment process, the petitioner had come out successfully and was offered the appointment vide order dtd. 25/3/2022. However, it appears that some verification process was undertaken by the Bank after which, the impugned letter dtd. 30/6/2022 was issued by which the appointment of the petitioner was cancelled. The said impugned letter has stated that the petitioner was a Graduate which she had obtained in the year 2021 and her Grade Sheet was issued on 23/12/2021.