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2025 DIGILAW 192 (HP)

Nitin Kumar v. Institute of Banking Personnel Selection

2025-02-13

RANJAN SHARMA

body2025
JUDGMENT : Ranjan Sharma, J. 1. The petitioner has filed the writ petition with the following prayers:- (i) Issue a writ of mandamus or any other appropriate writ, order, or direction commanding respondent to allow the Petitioner to appear in the personal interview for the post of CRP SPL-XIV-Recruitment of Specialist Officers 2025-26, without insisting upon the production of a Scheduled Tribe Certificate, considering that the Petitioner is legally unable to obtain the same due to the stay order passed by this Hon’ble Court on 03.01.2024. (ii) Direct respondent to consider alternative means of verification of the Petitioner’s Scheduled Tribe status, in light of the Notification dated 04.08.2023, issued by the Government of India, which included the Petitioner’s native village within the Scheduled Tribe category, and to ensure that the Petitioner is not unfairly deprived of his right to equal opportunity in public employment. (iii) It is most respectfully prayed that this Hon’ble Court may be pleased to issue an appropriate order, directing respondent not to bar or disqualify the petitioner from appearing in the interview for the competitive examination due to the non-submission of the Scheduled Tribe certificate, in light of the stay order granted by this Hon’ble Court, until the resolution of the present case. Pass any other order(s) as may be deemed fit and proper in the interest of justice and equity.” 2. In the background of the prayers referred to above, Learned Senior Counsel, draws attention of this Court to a communication dated 11.02.2025 [Annexure P-6] whereby, after passing the screening/written test the petitioner has been directed to appear for interview on 18.02.2025 at 08:30 am, for the post of Agricultural Field Officer [Scale-I]. In the background of the prayers referred to above, Learned Senior Counsel, draws attention of this Court to a communication dated 11.02.2025 [Annexure P-6] whereby, after passing the screening/written test the petitioner has been directed to appear for interview on 18.02.2025 at 08:30 am, for the post of Agricultural Field Officer [Scale-I]. Grievance of the petitioner is that though the petitioner belongs to Scheduled Tribe Category and as per Endorsement No. 1 of Communication dated 11.02.2025, Annexure P-6, the petitioner is required to upload scanned copies of Schedule Tribes Certificate and the other documents through the link from 11.02.2025 on or upto or before 17.02.2025 but petitioner is unable to upload his Scheduled Tribe Certificate, for the reason, that the conferment of Scheduled Tribe Status to Hatti of Trans Giri Area of Sirmour District in Himachal Pradesh, as per the Constitution [Schedule Tribe Order] [Second Amendment] Act, 2023 notified on 4.8.2023 [Annexure P-3] to the petitioner who is resident of village Paninkufar, P.O. Jadol Taproli Rajgarh, District Sirmaur (H.P.) due to stay of said Notifsaid Notification by this Court. 3. In backdrop of above facts and circumstances, this Court is of the considered view that once the Notification dated 04.08.2023 [Annexure P-3] conferring Scheduled Tribe Status to Hattis of Trans Giri Area of Sirmour District (HP) has admittedly been stayed by the Division Bench of this Court in CMP No.15611 of 2023 in CWP No.8301/2023, titled as Giripar Anusuchit Jaati Adhikar Sanrakshan Samiti Versus Union of India & Ors along with connected matters, on 04.01.2024 extended on 27.05.2024 till further orders, which is still operating, therefore, in these circumstances, this Court is of the considered view, that once the prayer of petitioner for directing the Respondent [Institute of Banking Personnel Selection] to permit, the petitioner to be considered as an Scheduled Tribe Category, which status has been kept in abeyance as on day is not tenable. Passing any direction to treat the petitioner as Scheduled Tribe Candidate shall tantamount to impropriety, at this stage. Eligibility cannot be conferred on petitioner, who is ineligible for being conferred the Scheduled Tribe Status as on day. Accordingly, the claim of petitioner is mis-conceived and being devoid of any merit, is accordingly disallowed. 4. Notwithstanding, the above, Learned Senior Counsel, Mr. Eligibility cannot be conferred on petitioner, who is ineligible for being conferred the Scheduled Tribe Status as on day. Accordingly, the claim of petitioner is mis-conceived and being devoid of any merit, is accordingly disallowed. 4. Notwithstanding, the above, Learned Senior Counsel, Mr. Virender Singh Chauhan, on Instructions, submits that the petitioner may be permitted to make a representation to Respondent-Institute of Banking Personnel Selection, Mumbai for considering his claim for considering him as unreserved - General Category Candidate, in view of the fact, that petitioner has secured more marks vis-a-vis the cut off marks secured by General Category Candidates for the post of Agricultural Field Officer [Scale-I]. 5. Prayer as in Para 4 (supra), made by Learned Senior Advocate being innocuous, is permitted, so as to enable him to make a representation to respondent. 6. Taking into account the entirety of the facts and circumstances, and leaving all questions open, and without adverting to the claim intended to be made in the representation; this Court, disposes of the instant writ petition, with the following directions: (i) Petitioner is permitted to make a representation [as in Paras 4 to 6 of this order] to the respondent- Institute of Banking Personnel Selection, Mumbai through its Chairman, by E-mail, latest by tomorrow; (ii) On receipt of representation as in (i) above, the Respondent-Institute of Banking Personnel Selection, Mumbai through its Chairman or competent authority, shall examine the representation and pass appropriate orders, in accordance with law expeditiously; (iii)It is clarified that this Court has not adverted to the merits of the matter, as is intended to be raised in the representation, which shall be independently examined and appropriate orders, be passed thereon, in accordance with law expeditiously; (iv) No order as to costs. 7. In aforesaid terms, the instant writ petition as well as the pending miscellaneous application(s), if any, also stand disposed of.