BRIJ KUMAR Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) Petitioner has knocked door of this Court for a direction upon the respondents to allow him to join as Office Assistant (Multipurpose) in the office of Respondent No. 6 - Bank in accordance with letter of joining dated 09.08.2018 in the category of Ex-Serviceman. In the alternative, petitioner has prayed for a direction upon the respondent nos. 2, 3 and 4 to issue OBC Certificate as per the prevalent laws.

(3.) Case of the petitioner in brief is that after serving the nation for 15 years under Indian Naval Services with an exemplary service record, petitioner filled up application for the post of Office Assistant (Scale - I - III) conducted by Institute of Banking Personnel Selection under the category of 'Ex-Serviceman' with his caste as 'Other Backward Caste'. Petitioner appeared and qualified in the examination under the category of 'Ex-Serviceman' and was allotted vacancy in 'OBC-EXS' category and was issued joining letter dated 07.03.2018 bearing no. HO/HR/ 1530/ 17-18 from respondent nos. 6 and 7 with a direction to appear before respondent no. 6 on 10.04.2018 but the joining was not accepted because petitioner did not have OBC Certificate issued by the competent authority. Since petitioner could not obtain OBC Certificate, he requested before respondent nos. 6 and 7 to accept his joining under the category of 'Ex-Serviceman (General)' and not 'Ex-Serviceman (OBC)'. Petitioner was also assured for a favourable decision but nothing was done in this regard. Various communications were also made by the petitioner to respondent nos. 6, 7 and 9. It is case of the petitioner that he was selected under the category of 'Ex-Serviceman' and the cut-off marks of ExServiceman (General) as well as Ex-Serviceman (OBC) is the same and there cannot be a class under class.