PARAMJIT SHARMA Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) In the instant writ petition, petitioner has challenged the validity of communication dated 12.04.2012 (Annexure P/7) by which respondent - Bank has declined to consider name of the petitioner to appoint him to the post of Financial Analyst in JMG Scale-I (For short "FA [JMGS-I]") under Orthopedically Challenged (for short "OC") category. Further sought for a direction to the respondent - Bank to appoint him to post of FA [JMGS-I].

(2.) Posts in the respondent - Bank is not regulated by any regulation for the purpose of recruitment. It was submitted that as and when Board of Directors take a decision to fill up the post, in that event, number of posts would be identified and proceed for recruitment. On 09.12.2005, Board of Directors approved direct recruitment of Specialist Officers and permission to recruit 541 Specialist Officers vide Annexure A/2 to the affidavit of Assistant General Manager dated 13.09.2017. To that extent resolution was passed and approved by the Board of Directors. Eligibility criteria was also notified for the post of Financial Analysts (Credit Analysis) - MMG Scale II and JMG Scale I. Extract of eligibility criteria to fill up the post prescribed as follows:- <FRM>JUDGEMENT_212_LAWS(P&H)9_2017_1.html</FRM> The Board of Directors have taken a decision to advertised various posts including FA [JMGS-I] to the extent of 14 posts. 2 posts were reserved for OC category.

(3.) Petitioner was a candidate for the recruitment to the post of FA [JMGS-I] under OC category. Written examination was held on 12.12.2010. Results were announced on 03.03.2011. Petitioner has secured 113 marks in the written examination. Pursuant to the result, interviews were held between 21.03.2011 to 25.03.2011. Petitioner has been awarded 49.33 marks. On 07.04.2011 respondent - Bank issued an office note relating to Recruitment Project -3/2010 - Recruitment of Specialist Officers - JMG Scale-1. In the office note, opinion has been expressed that