Patna High Court
Neeraj Prasad vs The Reserve Bank Of India on 15 March, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No. 430 of 2019
In
Civil Writ Jurisdiction Case No.11305 of 2014
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Neeraj Prasad, Son of Sri R.B. Prasad, C/o Rajendra Prasad, resident of ward
No. 15, Anandpur, P.S.- Sonpur, District- Saran (Bihar).
... ... Appellant/s
Versus
1. The Reserve Bank of India, New Delhi.
2. The Reserve Bank of India, Gandhi Maidan, Patna.
3. The Chief Manager, Industrial Development Bank of India (IDBI), Bank
Limited, I.D.B.I. tower, WTC Complex Cuff Parade, Mumbai-400005.
4. The Industrial Development Bank of India Ltd. 44 Shakespeare Sarani
Kolkatta 700017.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Shyam Sunder Pandey, Adv.
For the Respondent Nos. 1 & 2 : Mr.Kaushal Kumar Jha, Adv.
For the Respondent No. 4 : Mr. Harshwardhan Sahay, Adv.
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 15-03-2021
Heard the parties.
Aggrieved by judgment and order dated 26.02.2019
passed by learned Single Judge of this Hon'ble Court passed in
C.W.J.C. No. 11305 of 2014 dismissing the writ petition, present
L.P.A. has been filed by appellant/petitioner.
Appellant had filed writ petition for direction to
Patna High Court L.P.A No. 430 of 2019 dt.15-03-2021
respondent authorities to accept the document required for
consideration of his candidature on the post of Assistant
Manager, Grade-A Industrial Development Bank, for which
interview was held on 04.05.2009.
Briefly stated, the facts of the case is that selection for
the post of Assistant Manager, Grade-1 in IDBI was advertised
in the year 2009 and appellant applied and was declared
successful in the written examination and he was called to
appear in interview on 04.05.2009 alongwith requisite
documents and appellant appeared before the Interview Board
on 04.05.2009 but it is stated that he was not interviewed for
want of required documents and he was told that he will be
informed subsequently with regard to his interview. However,
thereafter he was never called for interview in spite of his
representation.
Counter affidavit has been filed on behalf of
respondent IDBI in which it has been stated that candidates
who qualified in the written test were advised via e-mails to
download their call letters and were also advised to go through
the instructions attached to the call letter and instructions
attached specified the testimonials and certification to be
brought at the time of appearing in interview. Candidates who
Patna High Court L.P.A No. 430 of 2019 dt.15-03-2021
produced the requisite documents were allowed to appear in the
interview and those who failed to produce required documents,
their interview dates were re-scheduled to the last date of
interview in that centre.
Appellant qualified in the written test and was called
for interview on 04.05.2009 at Kolkatta Centre, and he could
not produce the required documents, accordingly, his interview
was re-scheduled on 08.05.2009 and he appeared on said date
and scored 40 marks whereas qualifying mark for OBC category
was 45, as such, appellant was not selected. Attendance sheet
with respect to interview held for said period has been enclosed
in which appellant participated in interview on 08.05.2009, in
which he was awarded 40 marks and a noting is made that his
original date of interview was 04.05.2009 but he was
interviewed on 08.05.2009.
The written examination and interview were held in the
year 2009 and selection were also made in same year and
thereafter further selections have been made by IDBI in
subsequent years and appellant has approached this Court in the
year 2014 and, as such, the learned Single Judge has dismissed
the writ petition on ground of delay and latches also.
This Court does not find any infirmity or error in the
Patna High Court L.P.A No. 430 of 2019 dt.15-03-2021
order passed by the learned Single Judge requiring any
interference by the Court, accordingly, the L.P.A. is dismissed.
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 15.03.2021
Transmission Date NA
