JUDGEMENT
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(1.) UNDER the advertisement Annexure-2, the State Bank of India initiated process of selection for the purpose of recruitment to the post of Specialist Management Executives. The selection procedure under the advertisement aforesaid is prescribed as under :-
"SELECTION PROCEDURE: Written Examination (Phase-I) : Maximum Marks. 300,Total duration 4 hours. 1. Objective Type Tests: The objective type test would consist of (a) Test of data interpretation and Analysis (b) Test of reasoning (c) Test of General Awareness (d) Test of English Language The above four tests will be combination of maximum 200 marks and for duration of 2 hours. (e) Objective test of Professional Knowledge. The test will be on "Financial Management and Banking and Finance" for the post of Specialist Management Executives (Post Code-SME) and "Technology Management and Banking and Finance" for the post of Specialist Technical Executives (Post Code-STE) will be held separately for each post. The test duration will be for 1 hour with maximum 50 marks. The candidates who apply for both the posts will have to appear for both professional knowledge tests on same date and same venue. Thus the objective type tests will be on five subjects (a to e), maximum 250 marks and total duration of 3 hours.
(2.) DESCRIPTIVE Type Test of English Language: The DESCRIPTIVE Test will be for maximum of 50 marks and for duration of 1 hour. The test will be on "The test of English Language (Comprehension, precis, letter writing & essay)"
Descriptive test paper of only those candidates may be evaluated, who have secured minimum 40th percentile ranking in each of all the five objective tests and have scored overall aggregate 40% marks in case of General category and 35% in case SC/ST/OBC/PWD category.
The qualifying marks for descriptive test will also be 40% for General and 35% in case SC/ST/OBC/PWD category. The aggregate marks of objective test and descriptive test will be arranged in descending order and the only those candidates who have qualified in written examination will be called for group discussion and interview subject to maximum of three times the number of category-wise vacancies.
Group Discussion & Interview : (Phase-II) Group Discussion and interview will be of 50 marks (20 marks for Group discussion and 30 marks for interview). The minimum qualifying marks for Group Discussion & Interview for General Category shall be 40% (Minimum 20 marks) and 35% (Minimum 18 marks) in case SC/ST/OBC/PWD category candidates out of maximum of 50 combine marks for Group Discussion & Interview. The final selection will on the basis of performance of Phase-I&II." Being eligible the petitioner faced the process of selection, but he was not selected for recruitment.
On making demand as per the provisions of the Right to Information Act, 2005, the respondent-Bank on 3.5.2011 by document Annex.-8A conveyed the petitioner that he secured 84 marks in objective test, therefore, his answer-sheet pertaining to descriptive question paper was not evaluated. Being aggrieved by the same this petition for writ is preferred. The submission of learned counsel is that as per the selection procedure (quoted above), the descriptive test paper of only those candidates was required to be evaluated, who secured minimum 40th percentile ranking in each of all the five objective tests. According to counsel for the petitioner, the condition aforesaid was relaxed by the respondents to the extent of 35.5%, thus, that could have been further relaxed to recruit the petitioner also, specially looking to the fact that adequate hands to fill-up all the existing vacancies are not available with respondents. Having considered the arguments advanced. I do not find any merit in the case.
(3.) THE selection procedure in specific terms mentions that "descriptive test paper of only those candidates may be evaluated, who have secured minimum 40th percentile ranking in each of all the five objective tests and have scored overall aggregate 40% marks in case of General category and 35% in case SC/ST/OBC/PWD category."
The respondents may have reduced the necessity aforesaid to the extent of availing 88 marks out of maximum marks of 250, but such relaxation extended does not create any right in favour of the petitioner to say complete go bye to the condition of availing a definite quantum of marks. The procedure adopted by the respondents is uniformly applied and the condition adhered is necessary to maintain merit of the service.
The petition for writ, thus, is having no merit, hence dismissed.
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