ASHISH KUMAR Vs. CHAIRMAN-CUM-MANAGING DIRECTOR

JUDGEMENT

(1.) Whether son of an officer of a nationalized bank, having annual income more than 6 lacs per annum for three consecutive years will fall in "creamy layer" for the purpose of determining his claim for reservation in service available to Other Backward Classes, is precisely the question involved in the present writ application. Facts are not at all in dispute. The State Bank of India came up with an advertisement No. CRPD/P.O./2012-13/04 on 23.1.2013 inviting online applications between 30.1.2013 to 23.2.2013 for recruitment of Probationary Officers in the Bank against 1500 vacancies under different categories. Clause 3 of the advertisement provided that candidates belonging to OBC category but coming in the "creamy layer", are not entitled to OBC reservation and age relaxation. The petitioner submitted his application online claiming OBC status. The petitioner's candidature was, on the basis of his application considered as OBC (non-creamy). The petitioner accordingly appeared in the written examination and was declared successful. He thereafter, participated in group discussion and interview test and his name was displayed on the Bank's website as selected candidate. The result was published in Employment News also.

(2.) The petitioner was thereafter, asked to call on the Assistant General Manager (HR), Local Head Office, Mumbai for the purpose of medical examination/verification of documents by 27.8.2013. It was indicated in the said letter dated 10.8.2013 that if it was not convenient for him to complete the process of medical examination/verification of credentials at the said address, the petitioner could complete the same at the administrative office/LHO (Local Head Office) convenient to him. In response to the said letter dated 10.8.2013, the petitioner requested the Assistant General Manager (HR), State Bank of India, Local Head Office, Patna to get his medical examination and verification of certificates done at Patna Local Head Office. Accordingly, he was asked to appear before the Assistant General Manager (HR), State Bank of India, local Head Office, Patna for medical examination and verification of certificates on 22.8.2013. The petitioner in pursuance thereof appeared. Thereafter, whereas other candidates were given appointment letters, no appointment letter was issued to him by the cut-off date fixed by the Bank for that purpose i.e. 16.9.2013. The petitioner made an online application to AGM (HR), SBI, Local Head Office, Bandra Kurla Complex, Bandra (E) Mumbai making enquiry as regards issuance of appointment letters in his favour, in response to which the petitioner received a communication from the Assistant General Manager, State Bank of India, Mumbai that he was not eligible for selection for Probationary Officer post under the OBC category.

(3.) This is to be noted that in order to claim the benefit of reservation Under OBC category, the petitioner had submitted a certificate issued by the Circle Officer, Sadar Darbhanga to the effect that the petitioner did not come within "creamy layer". However, in the said certificate, it was mentioned at the bottom that annual income from salary was rupees seven lakh three thousand, which fact is not in dispute.