A.K.YOG, J. - (1.) HEARD learned Counsels for the parties and perused the record.
(2.) FACTS of the case, required for the decision of the present Second Appeal, are as under: The Defendant -petitioner, Reserve Bank of India, Kanpur Nagar (called the Bank) issued an advertisement, dated 12 -10 -1980, inviting applications from eligible desirous candidates in order to select and appoint best available candidates on the post of English Typist. Relevant extract of the advertisement, regarding educational qualification, is reproduced: Educational qualifications - Candidates must - (i) have passed (securing at least 45% marks in English) either Matriculation or an equivalent examination or Intermediate Pre -University Pre -degree course or an equivalent examination of a recognised Board or University or any higher examination below Graduation, AND (ii) possess a Minimum speed of 40 words per minute in English typing.
(3.) APART from other candidates, plaintiff also applied in pursuance to the above advertisement. He was called to participate in the selection comprising of written examination, typing test and interview. Plaintiff contends inter alia amongst others, that he secured 55% marks in English in the Intermediate Examination as per mark -sheet (Duplicate) issued by the U.P. Board.;