ANIL SHARMA Vs. CHIEF GENERAL MANAGER, HUMAN RESOURCES MANAGEMENT
LAWS(J&K)-2020-3-64
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 19,2020

ANIL SHARMA Appellant
VERSUS
Chief General Manager, Human Resources Management Respondents


Referred Judgements :-

INDRA SAWHNEY VS. UNION OF INDIA [REFERRED TO]


JUDGEMENT

- (1.)Vide Advertisement Notification dated 17.11.2017 issued by the Reserve Bank of India (hereinafter referred to as "the RBI"), the applications from the eligible candidates for 526 posts of Office Attendants in various offices of the Bank were invited. The selection for the posts was to be made through country-wide competitive Test (Online Test) followed by Language Proficiency Test (LPT) in regional language. The breakup of the posts for the Jammu office of the RBI as indicated in the Advertisement Notification was as under:-
General : 10

OBC : 09

Total : 19

(2.)Out of the notified posts, one post was earmarked for providing horizontal reservation in favour of the Disabled Ex- servicemen/Dependents of Ex-servicemen killed in action (EX-1) and four posts for Ex-servicemen (normal)EX-2. The scheme of selection as laid down in the advertisement notification was in the following manner:-
(c) Scheme of Selection:

Selection would be done on the basis of Online Test (as given below) and Language Proficiency Test (LPT). Online Test:

i. Online test except the test of General English will be in bilingual, i.e. English and Hindi.

ii. There will be negative marking for wrong answer in the Online Test. 1/4th mark will be deducted for each wrong answer.

iii. Candidates will have to pass with minimum prescribed mark in each subject of Online Test.

iv. LPT will be of Qualifying Type. The candidates provisionally selected from the On-line Test will have to undergo a language proficiency test (LPT). LPT will be conducted in the Official/Local Language of the State concerned (Annex-I). Candidate not proficient in the Official/Local Language would be disqualified.

v. Other detailed information regarding the test will be given in an Information Handout, which can be downloaded by the candidates from RBI"s website along with call letter.

vi. Roll No. of those candidates who have qualified for LPT on the basis of Online test will be displayed on RBI"s website in the month of January/February 2018. Date for LPT will also be displayed on the website along with a brief notice thereof.

vii. LPT is mandatory. No exemption of any sort will be given to any candidate from appearing in LPT, which will be conducted at respective offices. Final Selection will depend, on the performance in online test, qualifying in LPT, Medical fitness, verification of certificates and Biometric Data, etc. to the Bank"s satisfaction. Decision of the Bank in this regard, will be final.

(3.)The petitioner No.1 applied in the category EX-1 ,i.e., Disabled Ex- servicemen. The petitioners Nos.2 and 3, however, submitted their application forms and sought consideration under the category of EX-2, i.e., Ex-servicemen (normal) for which four posts were reserved. All the petitioners appeared for online test on 05.01.2018. On the basis of online test, provisional list of shortlisted candidates for Jammu Region was uploaded on the website of RBI on 08.02.2018 in which 50 candidates including the petitioners were enlisted. It is contended that out of four posts reserved for EX-2 category only three candidates, i.e., petitioners No.2 and 3 along one Raman Sharma figured in the provisional shortlist. The petitioner No.1, however, qualified online test and was the only candidate shortlisted against the sole post reserved for category EX-1. The shortlisted candidates were thereafter called for Language Proficiency Test on 19.03.2018 and as asserted by the petitioners, they cleared the Language Proficiency Test as well. They were, thereafter called for viva-voce, which was conducted on 04.04.2018 and were also declared to have qualified Biometric Test also. The documents of the petitioners were verified and found to be genuine and correct. On the conclusion of the selection process, the respondent No.2 uploaded final select list on its website on 24.08.2018 and the candidates figuring in the final select list were called for Medical Test, which was to be followed by offer of letter of appointment. The petitioners were not lucky enough to be in the select list and, therefore, feeling aggrieved filed the instant petition inter alia claiming the benefits of horizontal reservation provided for the category of EX-1 and EX-II. It is contended that despite the petitioners, eligible candidates, available and having qualified Online Test as well as LPT, the posts meant for providing horizontal reservation to the category of ex-servicemen, i.e., EX-I and Ex-2 were not filled up. The matter came up for consideration before this Court on 31.08.2008 when this Court while issuing notice to the respondents in the writ petition also provided that the selection of last three candidates appearing in the select list impugned will remain subject to the outcome of the writ petition. The respondents were also directed to produce the record of selection on the next date of hearing.
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