Delhi High Court - Orders
Neha Choudhary vs Reserve Bank Of India And Another on 11 October, 2022
Author: Rekha Palli
Bench: Rekha Palli
$~44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 14375/2022
NEHA CHOUDHARY
..... Petitioner
Through: Mr. Vijay Kasana, Mr. Kshitij
Chhabra and Mr. Abhijeet Vikram
Singh, Advs.
versus
RESERVE BANK OF INDIA AND ANOTHER
..... Respondent
Through: Mr. Ramesh Babu, Ms. Manisha
Singh and Ms. Tanya Chowdhary,
Advs. for R-1.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 11.10.2022 W.P.(C) 14375/2022 & CM APPL. 43879/2022 (stay)
1. At the outset, learned counsel for the petitioner makes an oral request for deletion of respondent no. 2 from the array of parties. The said request is accepted and the respondent no. 2 is deleted from the array of parties. Amended memo of parties be filed within three days.
2. The petitioner has approached this Court assailing the order dated 30.09.2022 passed by respondent whereby her candidature for the post of Officers in Grade 'B' (Direct Recruit-DR) (On Probation-OP) (DEPR) has been rejected on the ground that the qualification of PGDCM Degree from IIM-Calcutta as possessed by her was not the same as that of PGDM/MBA Degree with specialization in Signature Not Verified Digitally Signed By:KESHAV Signing Date:11.10.2022 18:12:27 Economics/Finance which is a requirement for the said post under the advertisement.
3. Learned counsel for the petitioner submits that while rejecting the petitioner's candidature, the respondent has ignored the communication received from IIM-Calcutta which has clearly certified that the qualification of PGDCM Degree held by the petitioner was equivalent to that of a PGDM Degree albeit with additional knowledge of Computer technology. He, therefore, prays that the petitioner be permitted to appear in the interview scheduled for 12.10.2022.
4. Issue notice. Mr. Ramesh Babu accepts notice on behalf of the respondent. While praying for four weeks' time to file a counter affidavit and reply to the application, he submits that once the petitioner did not possess the mandatory qualifications as prescribed in the advertisement, her candidature was rightly rejected by the respondent bank. He, therefore, opposes the grant of any interim relief.
5. Having considered the submissions of learned counsel for the parties and perused the record, I am of the view that even though, learned counsel for the respondent is justified in urging that it is for the employer to set down the prescribed qualifications for consideration of candidature for appointment to any post, the qualification prescribed in the advertisement cannot be made in such a hyper- technical manner so as to even ignore the certification given by the institution which has issued the degree in favour of a candidate. In the present case, IIM Calcutta from where the petitioner has obtained his Signature Not Verified Digitally Signed By:KESHAV Signing Date:11.10.2022 18:12:27 PGDCM has clearly stated that the said qualification is equivalent to the degree of PGDM awarded by the IIM.
6. In these circumstances, the petitioner has made out a prima facie case that he fulfils the qualifications set out in the advertisement. As the interviews for the post of officers in 'Grade B' are stated to be fixed for 12.10.2022, grave and irreparable prejudice would be caused to the petitioner in case she is not permitted to appear in the interview. Balance of convenience is also in favour of the petitioner. It is, therefore, directed that the petitioner be, subject to the outcome of the present petition, permitted to appear in the interview held by the respondents. Her result would, however, be kept in a sealed cover and produced before the Court on the next date. The respondents will also ensure that in case the petitioner finds a place in the merit list, one post will be kept vacant for her.
7. Counter affidavit and reply to the application be filed within four weeks. Rejoinder thereto, if any, be filed within four weeks, thereafter.
8. List on 19.12.2022.
9. A copy of this order be given dasti under the signature of the Court Master.
REKHA PALLI, J OCTOBER 11, 2022 acm Signature Not Verified Digitally Signed By:KESHAV Signing Date:11.10.2022 18:12:27