- (1.) The petitioner, who is an ex-servicemen, has applied for appointment on the post of Clerk with the respondent Bank, for which an advertisement was issued on 22/28.11.2008. The petitioner had applied for the post in the reserved category of ex-servicemen. 9001 posts of Clerks were advertised by the respondent-Bank and the vacancies were distributed amongst 16 States. The reservation for ex-servicemen was to operate horizontally but number of posts reserved for in the category were not disclosed.
(2.) The petitioner was called for interview and he accordingly appeared before the Section Committee on 22.42009. The result was declared and published on the website. To his surprise, the petitioner did not find his name in the list of selected candidates, though he had performed reasonably well in the written test as well as in the interview. The grievance of the petitioner is that the selection was done by ignoring the reservation made for ex-servicemen category as not even a single candidate from this category from the State of Haryana was selected. The petitioner would accordingly plead that selection was in gross violation of fundamental rules regulating the appointments, especially of ex-servicemen. 10% quota is reserved for ex-servicemen as per the Ex-servicemen (Reemployment in Central Civil Services Posts) Rules, 1979. The petitioner would submit that the respondents deliberately did not disclose the number of vacancies reserved for ex-servicemen and accordingly pleads that selection was made in violation of the provisions contained in the Constitution of India.
(3.) The petitioner had earlier filed a writ petition, which he withdrew on 15.7.2009 with liberty to file a fresh petition after obtaining some more information. The petitioner thereafter filed an application under the R.T.I Act, in response to which he could learn that 10% posts were reserved for ex-servicemen against 900 posts in clerical cadre. As per this, 11 posts were reserved for ex-servicemen for the State of Haryana. Not even a single candidate was selected from Haryana against these 11 reserved posts. The ground to deny the selection is that none of the candidates from Haryana could score 150 marks, which was the cut off marks for selection and that the petitioner had scored only 115 marks. The petitioner has, thus, filed the present petition to challenge the action of the respondents in not selecting him against the reserved post of ex-servicemen and for quashing the selection.;