GIRISH KUMAR Vs. GENERAL MANAGER, PUNJAB NATIONAL BANK AND OTHERS
LAWS(UTN)-2013-5-137
HIGH COURT OF UTTARAKHAND
Decided on May 14,2013

GIRISH KUMAR Appellant
VERSUS
General Manager, Punjab National Bank And Others Respondents

JUDGEMENT

- (1.) The petitioner before this Court was a candidate for the post of peon which was to be filled up by the Punjab National Bank through District Employment Officer, Uttarkashi vide its letter dated 11.10.2010. The petitioner applied for the said post and he was selected. However, the appointment has not been given to him, as consequent to his selection when he presented himself before the concerned authorities of the respondent Bank and revealed that he is a graduate, he was informed that he is not liable to be given appointment as the qualification given in the advertisement is Intermediate (i.e. Class XII) and as the petitioner has a qualification higher than Intermediate, he is not eligible for the said post. Aggrieved, the petitioner has filed the present writ petition.
(2.) A learned Single Judge of this Court has granted interim order on 3.2.2011 directing the respondent Bank to keep one post of Peon vacant for the petitioner.
(3.) Learned Senior Counsel for the respondent Bank Mr. S. K. Jain has submitted before this Court that the 2 conditions given in the advertisement have to be adhered to and since there was no maximum or minimum marks prescribed and only educational qualifications were prescribed which was Intermediate and since admittedly the petitioner is a graduate, he made himself ineligible for the said post. There is another objection raised by the Senior Counsel for the Bank that in the petitioner's registration pertaining to the year 2003 as renewed in the year 2006 and 2009 the qualification of the petitioner was given as Intermediate. The petitioner has not given the correct information to the District Employment Exchange, Uttarkashi otherwise the candidature of the petitioner was liable to be rejected at the threshold itself or in the alternative not requisitioned from the Employment Exchange.;


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