Rajasthan High Court - Jaipur
Director Ibps And Anr vs Satya Jeet Birda on 16 July, 2018
Author: Munishwar Nath Bhandari
Bench: Munishwar Nath Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 150/2018
1. The Director, Institute Of Banking Personnel Selection ,
Ibps House, 90 Feet, D.p. Road, Near Thakur Polytechnic,
Off. Western Express Highway, P.b.no.8587, Kandivali
East, Mumbai.
2. The General Manager Administration, Institute Of Banking
Personnel Selection , Ibps House, 90 Feet, D.p. Road,
Near Thakur Polytechnic, Off. Western Express Highway,
P.b.no.8587, Kandivali East, Mumbai.
----Appellants
Versus
Satya Jeet Birda S/o Surja Ram Birda , R/o Vpo Guleriya, Tehsil
Sujangarh District Churu, Rajasthan
----Respondent
For Appellant(s) : Mr. Rajendra Kumar Salecha with Ms. Tanisha Khubchandani.
For Respondent(s) : Mr. R. P. Saini.
HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI HON'BLE MR. JUSTICE DINESH CHANDRA SOMANI Order 16/07/2018 By this appeal, a challenge is made to the order dated 11.1.2018, whereby, the writ petition preferred by the petitioner- non-appellant has been allowed.
It is a case where the appellants conducted selection for the post of General Banking Officer Scale-II in pursuance to the advertisement dated 22.7.2017. The petitioner-non-appellant submitted an application form for the Open/General Category. The appellants sent the call letters to the eligible candidates indicating the category. The petitioner-non-appellant received the call letter (2 of 4) [SAW-150/2018] where he was shown to be in the General Category. No protest against it was made by the petitioner-non-appellant while appearing in the written examination. The appellant declared the result after the written examination where the petitioner-non- appellant remained unsuccessful.
At that stage, the petitioner-non-appellant prayed for change of his category from General to OBC. It was on the pretext that while submitting application form through E-mitra, a bonafide mistake was committed. The prayer aforesaid was not accepted by the appellant-IBPS. A writ petition was thus filed. It has been allowed in reference to the judgment of Kavita Choudhary Vs. The Registrar (Examination), Rajasthan High Court, Jodhpur : DB SAW No.1700/2017 decided on 1.11.2017. In the said case, the Division Bench came to the conclusion that "error is human and to forgive is divine". It was noted that third party rights have not been created thus change in the category can be allowed. The reference of other judgments of this Court has also been given. The learned Single Judge applied the judgment of Kavita Choudhary (supra) to allow the petitioner-non- appellant to change his category though interviews were started thereupon and the result has been declared. It resulted in creation of right in favour of other party.
If the facts of this case are considered, the petitioner-non- appellant is one who had applied in General category. If the petitioner is allowed to change the category from General to OBC, then also, would not be getting benefit of the category. It is for the reason that the OBC caste certificate alongwith the application was not for the relevant period thus cannot be considered. The petitioner-non-appellant did not submit proper caste certificate (3 of 4) [SAW-150/2018] alongwith the application form, rather, it was obtained much subsequent to the last date of submission of application form. A document cannot be taken after the last date of submission of the application. It is also a fact that protest against the cateogry can be made before declaration of the result and not subsequent thereto when one remain unsuccessful. It is in view of the judgments of the Apex Court in the case of Madan Lal & Ors. Vs. State of Jammu & Kashmir & Ors. reported in AIR 1995 SC 1088 and Manish Kumar Shahi Vs. State of Bihar & Ors reported in (2010) 12 SCC 576.
In view of the above, it cannot be considered to be a simple case of human error so as to be forgiven. It is more so when even a third party rights have been created because on completion of selection process, the appellants have declared the result. If the petitioner-non-appellant, at this stage, allowed to appear in the interview, to be conducted by the appellants for him alone, one candidate, already selected, has to be pushed down. The third party rights have exist, may be during pendency of the writ petition thus cannot be ignored by us.
The position of fact in regard to the prayer of the petitioner- non-appellant would have been different if he could have submitted OBC caste certificate of the relevant period alongwith the application form. The mistake would have been simply for indicating the category so as to be corrected. In the instant case, the petitioner-non-appellant failed to submit a proper OBC certificate alongwith the application form. Subsequently, OBC certificate cannot be a consequence as it cannot be accepted after the last date of submission of application form.
(4 of 4) [SAW-150/2018] We find ground to cause interference in the impugned order. Accordingly, the appeal is allowed and the impugned order dated 11.1.2018 is set aside.
(DINESH CHANDRA SOMANI),J (M. N. BHANDARI),J A.Arora/-17.
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