Research › Search › Judgment

Patna High Court · body

2014 DIGILAW 371 (PAT)

Tapan Kumar v. Chairman-Cum-Managing Director, Canara Bank

2014-03-25

CHAKRADHARI SHARAN SINGH

body2014
Order 1. Heard learned counsel for the petitioner. 2. The petitioner in the present application seeks a direction to the Respondent-Canara Bank to accept his joining on the post of Probationary Technical Field Officer, a specialist cadre post for which he was issued appointment letters dated 02.08.2013 and 06.09.2013 and challenges the decision of the Bank by which his joining on the said post has been refused on the ground that he did not hold the minimum educational qualification as on 01.01.2013 as required in the advertisement. 3. Learned counsel for the petitioner in support of his plea that the petitioner as a matter of fact, held the qualification as on 01.01.2013 has placed reliance upon provisional degree certificate issued by Rajiv Gandhi Proudyogiki Vishwavidyalaya, Bhopal, dated 02.02.2013 wherein it has been mentioned that the petitioner became eligible for award of B.E. (Mechanical Engineering) in December, 2012. He submits that though provisional decree certificate was issued on 02.02.2013, he had got the eligibility for the said degree in 2012 itself, and therefore, his candidature could not have been rejected for appointment to the post in question on the ground that he did not hold the said educational qualification as on 01.01.2013. He has drawn my attention to a copy of the on-line application submitted by him to contend that he had mentioned in the said application the date of passing the examination as 19.12.2012 and had also disclosed the parentage of marks which he scored in the said examination as 65%. 4. From the advertisement, it appears that the candidates were required to submit their on-line application between 10.01.2013 to 28.01.2013. There is no material nor any pleadings that result of the examination for fulfilling the educational eligibility criteria was published prior to 01.01.2013 and made known to the examinee. The Court is surprised to find that at the time of submission of his application, he disclosed the percentage of marks also which he had scored in B.E. (Mechanical) examination, though there is no statement or document in support of the fact that the petitioner could legally know about his score in the examination. 5. The Court is surprised to find that at the time of submission of his application, he disclosed the percentage of marks also which he had scored in B.E. (Mechanical) examination, though there is no statement or document in support of the fact that the petitioner could legally know about his score in the examination. 5. From the statement of marks, it appears that the examination was held in December, 2012 and probably on this ground that he had appeared at the examination, in the provisional certificate it might have been mentioned that the petitioner became eligible for the degree in December, 2012. It would certainly not mean that the results were declared in fact in December, 2012 itself. At the cost of repetition, it is indicated that there is no pleading that result was published prior to 01.01.2013. 6. I accordingly hold that the petitioner did not have the requisite qualification as on 01.01.2013 as per the pleadings in the writ application and the decision of the Bank to refuse petitioner’s joining in spite of his selection needs no interference. 7. This application is accordingly dismissed.