Point of law: It is trite that the very purpose and object for justifying reservation is based on the concept of positive discrimination or affirmative action, which is meant for sections who are suffering disadvantages due to various reasons like historical or social inequities, or due to other reasons inasmuch as they cannot be said to be in level playing field along with other candidates due to their inherent disadvantages, etc.

JUDGMENT :

ALEXANDER THOMAS, J.

The appellant herein has filed the instant Writ Petition (Civil) WP(C).No.12950/2021 before this Court with the following prayers:

“i. To issue a writ of mandamus or any other writ or directing the respondents to complete the selection process as immediately as possible.

ii. To issue a writ of mandamus or any other writ or direction directing the respondents to refrain from ousting the dependents of ex-servicemen from the zone of selection.

iii. To direct the respondent No.2 to consider and pass appropriate orders on Ext.P8 representation within a reasonable time frame.

And

iv. To issue such other writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case.”

2. The learned Single Judge, after hearing both sides, has rendered the impugned judgment dated 29.9.2021 in WP(C).No.12950/2021 dismissing above WP(C) on the ground that the appellant cannot be said to be fulfilling the eligibility condition for claiming horizontal reservation in the Ex-service category for selection to the post of Peon under the respondent Bank. It is this verdict of the learned Single Judge dismissing the above WP(C) that is under challenge in this intra court appeal filed under Sec.5(i) of the Kerala High Court Act, 1958, at the instance of the unsuccessful writ petitioner.

3. Heard Sri.M.A.Baby, learned counsel appearing for the writ appellant/writ petitioner and Sri.Sandeep Ankarath, learned Standing Counsel for the Punjab National Bank, appearing for the respondents in the W.A./respondents in the WP(C).

4. The appellant had submitted application in response to Ext.P-1 selection notification dated 2.2.2021 issued by the respondent Punjab National Bank inviting applications from eligible candidates for selection and appointment to the post of Peon in the subordinate cadre in the Branches of said Bank. Now, the respondent bank has rejected the claim of the appellant on the ground that he is not eligible to be considered for horizontal reservation category for Ex-servicemen for selection and appointment to the post of Peon notified as per Ext.P-1, as he cannot be said to be a dependent of Ex-serviceman who has died in military action.

5. Though, Ext.P-1 selection notification dated 2.2.2021 is silent about horizontal reservation in the Ex-servicemen category, Ext.P-3 is an internal communication issued on 5.2.2021 by the respondent Bank addressed to the Zila Sainik Welfare Officer of the Government of Kerala informing the latter that the total vacancy for Alappuzha District is 5 for abovesaid selection, out of which 2 are set apart for General category, 1 is set apart for Other Backward Classes (OBC), 1 is set apart for Scheduled Caste (SC) category and 1 is set apart for Economically Weaker Section(EWS). Further therein, it is stated that 2 vacancies for Ex-servicemen and 1 vacancy for dependent of Ex-servicemen are also provided within the overall reservation. Further, the respondent bank has requested the Zilla Welfare Officer that a list of candidates eligible as per the bank guidelines submitted in the ratio of 3:1, ie, 3 candidates for 1 vacancy. The case of the appellant is that in pursuance of Ext.P-1 selection notification, which is meant for selection to the post of Peon in various districts like Thiruvananthapuram, Alappuzha, Kottayam & Kollam, the appellant had applied only for being considered for Alappuzha district alone. The appellant had requested for being considered for the post notified for Alappuzha district, since it is insisted in Ext.P-1 selection notification that the applicant should be domiciled in the district concerned, and as the appellant is domiciled in Alappuzha district. From Exts.P-1 & P-3 it is seen that the total vacancies set apart for Alappuzha district is 5, out of which 2 is set apart for the general category and 1 each for OBC, SC & EWS categories. It appears that the stand of the respondent Bank is that the horizontal reservation meant for Ex-servi