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2016 Supreme(Pat) 716

HEMANT GUPTA, AHSANUDDIN AMANULLAH
Ashish Kumar, son of Sri Ramashish Chaudhary – Appellant
Versus
Chairman Cum Managing Director, State Bank of India – Respondent


Advocates Appeared:
For the Appellants :Mr. R.K. Ranjan, Advocate, Mr. Amit Prakash, Advocate.
For the Respondents:Mr. Kaushlendra Kumar Singh, Advocate, Mr. Sunil Kumar Singh, Advocate.

JUDGMENT :

HEMANT GUPTA, J.

The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench on 7th April, 2014 whereby the claim of the appellant for appointment under the category of Other Backward Classes (hereinafter referred to as the ‘OBC’) was not accepted.

2. The respondent-State Bank of India (hereinafter referred to as ‘the Bank’) published an advertisement on 30th January, 2013 inviting applications for recruitment of Probationary Officers in the Bank. Clause-11(i) of the Advertisement contemplated a declaration by a candidate seeking reservation under the category of OBC that he/she does not belong to creamy layer as on 23rd February, 2013. Clause- 3 and 11(i) of the Advertisement reads as under:-

“3. Candidates belonging to OBC categorically but coming in the “CREAMY LAYER” are not entitled to OBC reservation and age relaxation. They should indicate their category as ‘GEN’ or ‘GEN (OH)’ or ‘GEN (VH)’ (as applicable).

11(i) A declaration to be submitted in prescribed format by candidates seeking reservation under OBC category that he/s






















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