- (1.) This appeal is directed against the judgment and order dated 19.7.1999 passed by the learned Single Judge dismissing the petition filed by the appellate writ petitioner assailing the memorandum being BNM 140/02.02.02/99-2000 dated May 25, 1999, that the appellant/petitioner had not fulfilled the minimum requisite qualification as the petitioner did not secure 50% marks in SSC Examination without considering that the authority has selected the petitioner on the basis of the marks obtained in his academic achievements as well as written test and viva voce organized by Institute of Banking Personal (Selection), Mumbai and without considering that the petitioner is a Scheduled Caste and as such his educational and economic interest is to be protected under Article 46 of the Constitution of India.
(2.) The appellant/petitioner belongs to the category of Scheduled Caste applied for the post of Production Assistant Grade-1 in response to the advertisement for the required posts in Employment News dated 22nd November, 1996. The advertisement came to be published at the instance of Bharatiya Reserve Bank Note Mudran Limited which authorized the Institute of Banking Personal (Selection), Mumbai for selection of the posts of Industrial workmen Staff Grade I and III and that the essential qualification for Grade I posts was SSC Examination with 50% marks and certificate from any recognized ITI/NAC. The said advertisement also provided reservation for the Scheduled Caste, Scheduled Tribe and OBC candidates as per the Government guidelines. It further provided that reservation as per government policy is extended in favour of OBC category, however, no concession in the matter of age educational qualification, examination fees or qualifying standards will be available to the candidates who belong to OBC category. It is the case of the petitioner that he appeared for the written examination for the said post on 2nd February, 1997 and passed the written examination and was required to attend the interview at Shalboni under the District of Midnapore. Thereafter, on the basis of written test and viva voce, the petitioner was duly selected by the Institute of Banking Personal (Selection), Mumbai which duly communicated to the petitioner vide letter No. BNM No. 2777/01.02.10.PH-II.98-99 dated 23rd July, 1998 have been included in the waiting list of candidates for the post of Grade-I on the basis of educational qualification and work experience and the said waiting list will be operative up to 16th July, 1999 and the petitioner was further advised that the petitioner would be offered appointment in accordance with the position in the waiting list as and when vacancies would arise. The appellant/petitioner was thereafter intimated to appear before the Medical Board for medical examination on 21st August, 1998. Thereafter, police verification of the petitioner was also completed. However, after medical test and police verification, the appellant/petitioner did not get any letter of appointment for a long time. Therefore, the petitioner went to the Office of Bharatiya Reserve Bank Note Mudran Limited at Shalboni and came to know that owing to shortage of marks in school final examination, the appointment could not be issued to him. Therefore, the petitioner made a representation to the Deputy General Manager of the respondent company praying for issuing an appointment letter as he was a Scheduled Caste candidate and the name of the petitioner was recommended by the Institute of Banking Personal (Selection), Mumbai on the basis of educational qualification and work experience declared by the appellant/petitioner.
(3.) In response to the representation dated 26th April, 1999 and subsequent letter dated 29th May, 1999, the Deputy General Manager of Bharatiya Reserve Bank Note Mudran Limited intimated by letter that owing to non-fulfillment of minimum basic qualification, the candidature of the candidate was not considered further for appointment. Hence, the petitioner moved this Court filing a petition under Article 226 of the Constitution of India. It was the case of the petitioner that respondents were not justified in refusing to issue a letter of appointment to the petitioner in the post of Industrial Workman Grade-I (Production) as the petitioner was duly selected and his name was placed in the waiting list and further the petitioner being a member of the Scheduled Caste category, it was not proper on the part of the respondent to deny appointment to the petitioner on the basis that he has scored less mark in his school final examination which could have been relaxed as the petitioner has qualified in the written examination and viva voce test. Therefore, the respondents are estopped in not issuing letter of appointment although they promised to offer appointment to the petitioner. The learned Single Judge dismissed the petition observing that the Scheduled Caste and Scheduled Tribe candidates were not entitled to any concession in so far as the essential qualifications are concerned and as the petitioner was having 40.55% marks in the SSC Examination which was less than the basic criteria for selection as mentioned in the advertisement, his candidature is liable to be rejected.;