SAMARENDRA NATH DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this writ petition, prayer on behalf of the petitioner is for issuance of a writ of mandamus or any other suitable writ, or order or direction commanding the respondent-authorities to appoint him as Assistant in the respondent-Life INsurance Corporation, hereinafter called as 'Corporation' with effect from the date the person next to him in the combined merit list has been appointed.

(2.) THE claim of the petitioner for consideration and appointment is against the reserved category of Scheduled Castes as he is "Namasudra" by caste and stood second in the list of Scheduled Castes. Sixteen posts of Assistant were reserved for the members of the Scheduled Castes.

(3.) A counter-affidavit has been filed on behalf of the respondent-Corporation and its officials, in which it is stated that the employment notification was not on All-India basis rather it was only in respect of Indian citizens having knowledge of the respective regional language. However, it is admitted that as per the caste certificate submitted by the petitioner along with his application at the time of interview that he belongs to 'Namsudra' sub-caste, which is recognised as S.C. in the State of West Bengal but not recognised as S.C. in the State of Bihar. It is stated that the process of receiving application, etc. were done through external recruitment agency at Mumbai, which issued call letters/admit card for written test to the petitioner without any prejudice to the general instruction specified in the recruitment instruction, which reads as follows: In case, it is found at any stage that the candidate does not fulfil any of the eligibility criteria, he/she shall be disqualified; if already appointed his/her services are liable to be terminated. It is stated that the caste certificate dated 27.12.1995 submitted by the petitioner shows him a permanent resident of West Bengal whereas the Bb data dated 11.12.1993 submitted by him declares him to be a resident of Pumea, i.e., in the State of Bihar and his mailing address is also of Pumea. According to the respondents, he got his education of Matriculation, Intermediate and graduation from Bihar as per the certificate submitted by him. His place of birth declared by him in Column 4 of the application dated 3.1.1994 in Pumea (Bihar). Under such circumstance, it is submitted that he was born and brought up in West Bengal is not true and correct.