JUDGMENT :

1. Heard learned counsels for the parties.

2. In the instant petition, petitioner has prayed for following reliefs:-

“1. That the present Writ petition is being filed before this Hon’ble High Court under Article 226 of the Constitution of India for the following reliefs:

A. For the issuance of appropriate writ of Mandamus or any other or appropriate writ(s) or order(s) or direction(s) commanding the Respondent Authority to accept the candidature of Petitioner under the disabilities category and confirm the appointment on the post of Clerk as he is 100% visually impaired and met the cut off marks

B. For the issuance of appropriate writ of Mandamus or any other or appropriate writ(s) or order(s) or direction(s) commanding the Respondent Authority to extend benefits of SC/STs category to the Petitioner, in compliance of order in Anmol Bhandari vs Delhi Technological University, WP(C) 4853 of 2012 which stipulates that the PWD candidates are entitled to same treatment as SC/ST candidates and thereby appoint the Petitioner on the post Clerk.

C. For the issuance of appropriate writ of Mandamus or any other or appropriate writ(s) or order(s) or direction(s) commanding the Respondent Authority to reserve one seat for the present petitioner who is a deserving candidate from the notification under consideration till the disposal of the present writ application.

AND/OR

D. Pass any such order or direction which may deem fit to this Hon’ble Court in the best interest of the petitioner.”

3. Petitioner is a candidate for recruitment to the post of Clerk (CRP Clerks-IX for vacancies of the year 2020). Pursuant to the notice issued by the Institute of Banking Personnel Selection (IBPS) dated 12.09.2019, petitioner had submitted application through online claiming under OBC category read with reservation under disability that he is suffering from 100% blindness (visuality). The Respondent-selecting authority have not considered the petitioner’s candidature even though petitioner has secured more marks than the last selected candidate under general merit. The petitioner has secured 63% marks whereas the last selected candidate has secured 45.38% marks under general category. Reasons for rejection of petitioner’s candidature is that petitioner who had furnished OBC certificate dated 24.12.2019 issued by the office of the Circle Officer, Ranchi (Jharkhand) with reference to Caste “Baniya/ Jaiswal” which has not been recognized as OBC category under the Central Government. In other words, petitioner’s OBC certificate dated 24.12.2019 is restricted to particular State, like Jharkhand. Candidates have been instructed how to fill up applications in the advertisement. Para ‘F’ at page 26 of the writ petition reads as under:

“A candidate belonging to reserved category, selected on the basis of norms as applicable to General Category, will be treated at par with a General candidate. Such own merit candidates belonging to reserved categories who are provisionally allotted under unreserved (General) category will not be adjusted against a reserved post. However their original category as registered in the online registration will remain unchanged.”

4. Further at page 27 of the petition it has been instructed as under:-

“List of Documents to be produced at the time of joining (as applicable)

The following documents in original and self-arrested photocopies in support of the candidate’s eligibility and identity are to be invariably submitted at the time of joining

(i) Valid system generated printout of the online application form registered for CRP Clerks-IX.

(ii) Proof of Date of Birth (Birth Certificate issued by the Competent Municipal Authorities or SSLC/Std. X Certificate with DOB)

(iii) Photo Identity Proof as indicated in Point F of the advertisement

(iv) Mark-sheets & certificates for Graduation or equivalent qualification etc. Proper document from Board/ University for having declared the result on or before 09.10.2019 has to be submitted

(v) Caste Certi