NAKUL PRASAD Vs. UNION OF INDIA AND ORS.
LAWS(JHAR)-2015-5-25
HIGH COURT OF JHARKHAND
Decided on May 14,2015

Nakul Prasad Appellant
VERSUS
Union of India And Ors. Respondents

JUDGEMENT

Aparesh Kumar Singh, J. - (1.) HEARD counsel for the parties.
(2.) THE petitioner has approached this Court being aggrieved with his non -selection under Advertisement No. 2/2007 in the post of Manager (Finance) under Airports Authority of India Limited. Petitioner was the candidate under OBC category under the said advertisement, for which five posts were advertised. Selection relates to various posts including the post of Manager (Finance). Vacancies were also notified for General category and SC & ST Category as well. Petitioner came unsuccessful in the results published in January 2010 after the written exam and interview. In February 2010, he preferred an application under RTI seeking certain information from the respondents which were supplied on 12.02.2010 vide Annexure -7 to the writ petition. An information sought for and furnished by the said documents (Annexure -7) relates to the cut -off marks of 60% earmarked for both General Category and OBC Category with the remarks that the cut -off marks for each recruitment depends on the standards of the examination and performance of the candidate appeared. Petitioner further sought another information in November 2010 asking for further details of the exam which again was promptly supplied on 09.12.2010 (Annexur -6). Petitioner still was not satisfied and he sought further information on 09.11.2012 asking for merit list of all selected candidates for appointment on the post of Manager (Finance) which was furnished on 30.11.2012.
(3.) IN the meantime, a fresh Advertisement No. 2/2012 was issued by the respondent -Airports Authority of India Limited in which vacant posts were carried over and included. The petitioner admittedly did not fulfill the eligibility criteria and could not compete in the said selection process. However, the said advertisement did not attain finality and another Advertisement No. 2/2015 has been published for appointment to the various posts including that of Airport Manager (Finance). The recruitment exercise admittedly is on all India basis. Petitioner after obtaining information in November 2012, made a representation before the respondents for recruitment under the same advertisement as the benefit of reservation could not be passed on to the OBC candidates in such circumstances. Said representation has been rejected by order dated 10.05.2013 reiterating that the petitioner had secured 70 marks out of 125, which is less than 60% marks which is cut -off percentage kept for final selection in the OBC Category.;


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