Prafulla C.Pant, J. - (1.)IN the present writ petition, the petitioner has made the following prayer:
In the premises aforesaid, it is therefore, prayed that your Lordship would be pleased to admit this writ petition, issue rule calling for the Respondents to show cause as to why the Petitioner should not be appointed to the post of Sub -Staff in the Bank of Maharashtra, Shillong Branch, Shillong based on his performance in the interview conducted on 7th January, 2013 and call for the entire records of the interview for detail examination and scrutiny by this Hon'ble Court. Issue an appropriate writ/writs order or direction in the nature of Certiorari and mandamus directing the Respondent Bank to appoint the Petitioner in the said advertised post of Sub -Staff in the Bank of Maharashtra, Shillong Branch, and Shillong. Be further Pleased to quash the appointment of the Private Respondent No. 4 if she has been appointed in the said post of Sub -Staff. And upon cause being shown and after hearing the parties be further pleased to make the rule absolute. And be further pleased to pass any such order/orders as your Lordship may deem fit and proper.

Heard learned counsel for the parties and perused the records.

(2.)BRIEF facts of the case are that in response to the advertisement (Annexure - II to the writ petition) published by the respondents -bank i.e. Bank of Maharashtra (Govt. of India Enterprise), Branch Shillong, the petitioner applied for the post of Sub -Staff in the year 2011. The interview was held on 7 -11 -2011 but the result was not declared. On this, the petitioner filed WP(C) No. 71 of 2012 which was disposed of vide order dated 30th July, 2012 directing the respondent -bank to declare the select list. The petitioner has pleaded in the present petition that the petitioner topped the list of selected candidates as he secured 75 marks (out of 90 marks) as against the 57 marks secured by the second position holder namely, Ebapyngshngainlang Lyngdoh (Respondent No. 4). The petitioner's case is that even after his name figured in the select list, he was not given the appointment. It is further pleaded that the petitioner sought information under Right to Information Act, 2005 for disclosure of reason why the appointment was not given. Vide Annexure - XII to the writ petition, the appellate authority under Right to Information Act, 2005 of the respondent -bank from Kolkata Zonal Office informed that maximum age prescribed for the post of Sub -Staff was 28 years, and date of birth of the appellant (present petitioner) is 10 -1 -1981, as such, he was not eligible for the post. In the present petition, the petitioner has pleaded that being a member of the Scheduled Tribe, the petitioner is entitled to relaxation of 5(five) years, as such, he was fully eligible for the appointment to the post of Sub -Staff.
In the counter affidavit filed on behalf of the respondents -bank, it is not denied that the petitioner topped the list of selected candidates for the post of Sub -Staff. What has been pleaded in para 6 of the counter affidavit is that the post of Sub -Staff advertised was an unreserved post meant for general category and the petitioner could have been selected only if he was qualified and eligible like the general candidates.

(3.)HOWEVER , the advertisement (copy at Annexure - II to the writ petition) published by the respondent -bank reads as under:
ADVERTISEMENT

The Bank of Maharashtra (Government of India Enterprise) invites application for interested candidates for the following posts:

1. Name of Post: 1 Nos. Sub -Staff.

2. Name of Post: 1 Nos. Part Time Sub -Staff.

Educational Qualification: For Post No. 1: Passed Class VIII up to Class IX, not for Matric or SSLC Pass. For Post No. 2: Passed Class VI up to Class IX, not for those who have passed Matric or SSLC.

Age: Must be between 18 to 28 years with relaxation for 5 years for SC/ST candidates and 3 years for OBC.

Salary: Part Time Sub -Staff: 1/3 from Rs. 5,850/ - and for Sub -Staff Rs. 5,850/ - per month. Application must be submitted with Name in full, Father's Name, Permanent Address, Address for Corresponding, Qualification and other with two recent passport size photograph duly affixed and supported documents attested along with Employment Exchange Registration Card.

The complete application may be sent to Branch Manager, Bank of Maharashtra, Shillong Branch, Opp. Shiv Mandir, Laban, Shillong - 793004 (Meghalaya) on or before 19th November 2011.

Only screened candidate will be invited for interview and the date will be intimated later. No fee required to pay for candidates selected for interview.