DALJIT SINGH Vs. KAPURTHALA CENTRAL COOPERATIVE BANK LTD

JUDGEMENT

(1.) Petitioner inspite of being orthopaedically handicapped has good academic record. He was a candidate for the post of Junior Clerk/Clerk-cum- Typist. He was rejected. Aggrieved by the action of respondents, he has approached his Court through this writ petition. Petitioner prayer for issuance of a writ in the nature of mandamus directing the respondents to appoint him to the post of Junior Clerk.

(2.) The respondents contest the petitioner's claim primarily on the ground that he had secured only 22 marks out of total of 75. A candidate, who did not secure a minimum of 30 marks, was not eligible to be considered for appointment. A copy of the criterion laid down by the Registrar, Cooperative Societies, Punjab vide letter dated July 8,1988 has been produced on record as Annexure P-1, A perusal of this letter shows that the marks have been allocated as under:-

(3.) A perusal of the above criterion shows that 20% marks have been allocated for agricultural and rural background. Learned appearing on behalf of respondents has not been able to show the relevance of this consideration for the selection of Clerks. In any event, it appears clearly that allocation of marks is not the higher side. Still further, neither in the advertisement nor at any time thereafter were the candidates made aware of the fact that agricultural and rural backgrounds is going to be a relevant consideration in the process of selection. If this information in the process of selection..If this information had been disclosed, it would have been possible for the candidates to adduce relevant evidence. Failure of the respondents to do so has apparendy prejudiced the interest of petitioner inasmuch as he did not get a chance to produce the certificates etc. before the Selection Committee.