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2014 Supreme(Pat) 355

CHAKRADHARI SHARAN SINGH
Ashish Kumar – Appellant
Versus
Chairman –cum-Managing Director, State Bank of India, Mumbai – Respondent


Advocates:
Advocate Appeared
For the Petitioner/s:Mr. Durgesh Nandan
For the Respondent/s: Mr. Kaushlendra Kumar Sinha

ORDER

1. Whether son of an officer of a nationalized bank, having annual income more than 6 lacs per annum for three consecutive years will fall in “creamy layer” for the purpose of determining his claim for reservation in service available to Other Backward Classes, is precisely the question involved in the present writ application.

2. Facts are not at all in dispute. The State Bank of India came up with an advertisement No. CRPD/P.O./2012-13/04 on 23.01.2013 inviting online applications between 30.01.2013 to 23.02.2013 for recruitment of Probationary Officers in the Bank against 1500 vacancies under different categories. Clause 3 of the advertisement provided that candidates belonging to OBC category but coming in the “creamy layer”, are not entitled to OBC reservation and age relaxation. The petitioner submitted his application online claiming OBC status. The petitioner?s candidature was, on the basis of his application considered as OBC (non-creamy). The petitioner accordingly appeared in the written examination and was declared successful. He thereafter, participated in group discussion and interview test and his name was displayed on the Bank?s website as selected candid






























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