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2019 Supreme(SC) 510

L.NAGESWARA RAO, M.R.SHAH
RAJBIR SURAJBHAN SINGH – Appellant
Versus
CHAIRMAN, INSTITUTE OF BANKING PERSONNEL SELECTION, MUMBAI – Respondent


Advocates Appeared:
For Petitioner(s): Mr. Gagan Gupta, AOR
For Respondent(s) Mr. Adarsh B.Dial, Sr. Adv. Mr. Rajat Arora, Adv. Ms. Ritu Arora, Adv. Mr. Jagat Arora, Adv. Mr. Anuvrat Sharma, AOR

JUDGMENT

L. NAGESWARA RAO, J.

Leave granted.

1. On 12.08.2013 an advertisement was issued by the Respondent inviting applications for appointment to posts of clerical cadre (Clerk-III) in Public Sector Banks. The Appellant participated in a Common Written Examination (CWE) conducted on 01.10.2013 and secured 110 marks out of 200. He was called for an interview by the Respondent on 14.02.2014. During the interview, he submitted a caste certificate dated 28.10.2010, issued by the Naib Tehsildar, Nangal Chowdhary, Haryana which shows that he belongs to Ahir community, which is recognized as Other Backward Class (hereinafter referred to as the ‘OBC’) as per the Resolutions of the Ministry of Welfare, Government of India. Another caste certificate was issued in the prescribed format to the Appellant by the Naib Tehsildar, Nangal Chowdhary, Haryana on 29.01.2014, declaring him as an OBC candidate belonging to Ahir community and that he does not belong to the ‘creamy layer’. The results were announced on 01.04.2014 and the Appellant was informed that his candidature for the examination has been cancelled as he could not produce the required certificate at the time of the interview. As per

























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