JUDGMENT :

Dr. A.K.Rath, J

In this writ petition, the petitioner has prayed, inter alia, for a direction to the opposite parties to re-draw the select list of general candidates by including his name in reserve category ex-serviceman and to appoint him in the post of Assistant in the Reserve Bank of India, Bhubaneswar.

2. Shorn of unnecessary details, the short facts of the case of the petitioner are that the Reserve Bank of India issued an advertisement, vide Annexure-1, in the employment news to fill up the posts of Assistant. Twenty five posts of Assistant were earmarked for Bhubaneswar region out of which, one was reserved for disabled ex-servicemen and three posts for ex-servicemen (normal). The educational qualification for the posts of Assistant was Bachelor’s Degree in any discipline with a minimum of 50% marks (pass class for SC/ST/PWD candidates). For ex-servicemen, a candidate should be a graduate from a recognized University or should have passed the matriculation or its equivalent examination of the Armed Forces and rendered at least 15 years of defence service. The selection was to be made on the basis of candidate’s performance in the written examination as well as interview. The petitioner being eligible applied for the same. He was the only ex-serviceman candidate and called for the interview. But then, he was not selected. He applied for the information under the RTI Act. The same was provided to him on 17.4.2015, vide Annexure-4, wherein it was indicated that the reservation for ex-servicemen was horizontal and included in the vacancies for various categories. The recruitment of ex-servicemen in each recruitment drive was made taking into consideration the general policy of reservation, wherein the upper ceiling is 50%. The select list of the Assistants of the year 2014 annexed thereto indicates that the general candidates who had secured 189 marks had been selected. Pursuant to his complaint dated 12.1.2015, he got an e-mail message, vide Annexure-5, wherein it is stated that the reservation for ex-servicemen was horizontal and included in the vacancies of various categories. Since ex-servicemen were getting extended relaxation in age, qualification etc., they had to be included in the “select list” of categories (UR/SC/ST/OBC) to which they belonged to, provided, they could be included in such list in the normal course. He made an appeal to the opposite party no.1. While the matter stood thus, he received the letter dated 9.6.2015, vide Annexure-7, which indicates that the marks secured by him were less than the marks scored by last candidate selected in the general category. Therefore, as per the extant policy followed by the bank, he was not selected in the final list. The Bank was guided by the OM 36012/58/92 Estt(SCT) dated 01.12.1994 issued by Government of India. It provides that horizontal reservations cut across vertical reservation (in what was called interlocking reservation) and the persons selected against these reservations had to be placed in the appropriate category. Even after providing for these horizontal reservations, the percentage of reservation in favour of backward class of citizens should remain the same. Thus only those ex-servicemen who qualify in the respective categories were selected. With this factual scenario, this writ petition has been filed.

3. Pursuant to issuance of notice, a counter affidavit has been filed by the opposite parties 1 and 2. It is stated that in order to carry out its functions effectively, the Bank recruits different classes of employees such as Class I (Officers), Class II (Personal Assistants which is now abolished), Class III (Assistants/Word Processor Assistants) and Class IV (Subordinate Staff) from time to time. The recruitment in Class I and Class III is centralised, while recruitment of Class IV staff is done at Regional Office level. The Bank follows the constitutional principles and guidelines on reservation issued by Department of Personnel and