Barjahan Shaikh vs Punjab National Bank & Ors
2023 Latest Caselaw 2247 Cal

03.04.2023           IN THE HIGH COURT AT CALCUTTA
   DL-43            CONSTITUTIONAL WRIT JURISDICTION
   (PP)                   APPELLATE SIDE
                            WPA 6206 of 2023

                             Barjahan Shaikh
                                   Vs.
                        Punjab National Bank & Ors.

                   Mr. Shamim ul Bari,
                   Mr. Atarul Hoque Molla,
                   Ms. Keya Sutradhar
                                               ....for the petitioner.

                   Ms. Parna Roy Choudhury
                                                         ....for PNB.


                  Affidavit of service filed in Court today is

             retained with the records.

                  Leave as prayed for by the petitioner to make the

             Deputy General Manager a party to the present

             proceeding is granted. Leave is granted to make

             necessary amendments to the cause title.

                  By an order dated December 20, 2022, this

             Court directed that in the event the petitioner made a

             representation before the bank to be considered in the

             in   the    general   (Ex-serviceman)    category,   the

             representation of the petitioner will be considered by

             the Punjab National Bank (PNB) for recruitment of the

             petitioner in the clerical post in the general (Ex-

             serviceman) category.

                  This Court found that the last candidate in the

             general (Ex-serviceman) category scored lesser marks

             than scored by the petitioner. Initially, the petitioner
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applied in the OBC category but since the petitioner

was not able to produce the necessary OBC certificate

his candidature was not considered. Therefore, this

Court directed the candidature of the petitioner to be

considered in the general (Ex-serviceman) category as

this Court was of the view that there was no valid

reason for non-consideration of the petitioner in the

said category.

        By an order dated February 14, 2023, the

Deputy General Manager of PNB considered the

representation of the petitioner and again rejected his

candidature due to non-submission of proper OBC

certificate after applying as a reserved category

candidate.

        Mr. Bari, learned counsel appearing on behalf of

the petitioner submits that the order passed by this

Court on December 20, 2022 has not been complied

with.

        Ms. Roy Choudhyry, learned counsel appearing

on behalf of respondent-bank submits that a personal

hearing has been given to the petitioner in terms of

the order dated December 20, 2022. She further

submits that she is covered by several judgments of

this Court on the issue that once relevant

notifications are issued by the Reserve Bank of India,

the bank cannot go beyond the same.

Considering the rival submissions of the parties

and the materials placed on record, this Court directs

a report on affidavit to be filed by the Deputy General

Manager by April 18, 2023.

Exception, if any, by April 27, 2023.

Let the matter appear for further consideration

under the same heading "Motion" on May 1, 2023.

This Court directs that one post will be kept

vacant in the general (Ex-serviceman) category for

appointment in clerical post in PNB till the disposal of

the writ petition or until further orders.

All parties shall act on the server copies of this

order duly downloaded from the official website of

this Hon'ble Court.

(Lapita Banerji, J.)