The main legal point established in the judgment is that the selection authority must adhere to prescribed criteria and cannot manipulate the process to favor specific candidates. Additionally, the rejection of a candidate's candidature and irregularities in the selection process were deemed unjust.

P.B. Bajanthri, J.

In the instant writ petition, the petitioner has questioned the selection procedure dated 28.2.2013 held by respondents No. 1 and 2 for the selection of Safai Karamchari-cum-sub staff (hereinafter, for short 'Safai Karamchari') and further communication dated 30.3.2013 by which the petitioner has been denied to appear in the interview held for the post of Safai Karamchari and also sought for a direction to the respondents to permit the petitioner to participate in the interview process.

2. The respondent – Bank advertised for the post of Safai Karamchari on 8.11.2012, classifying the posts–17 for general merit, 12 for other backward classes and 6 for schedule caste candidates, while fixing last date for submission of application as 17.11.2012.

3. The petitioner is one of the candidate for recruitment to the post of Safai Karamchari under OBC category. He belongs to Ghirth caste. As on the last date proscribed for making application for the post of Safai Karamchari, namely 17.11.2012, the petitioner was aged about 25 years, 6 months and 25 days. He has secured 74% in 8th standard examination and he has passed Matriculation examination.

4. On 14.8.2012, the HRD Department (Recruitment and Promotion Division) directed all Zonal/Regional offices to recruit Safai Karamchari while forwarding procedure for selection and interview. For the purpose of deciding present litigation, two criterias are relevant:-

(i) Age of the petitioner to consider his name under OBC category.

(ii)Mode of personal interview:

(a) Cut off age not less than 18 years and not above 26 years. Relaxation in age limit is permissible for candidates of SC/ST to the extent of 5 years, for OBC to the extent of 3 years, for ex-servicemen - maximum years + service years + 3 years, total of which shall not exceed 45 years, for physically handicapped/PWD - 10 years and for widow, divorced, legally separated ladies who have not remarried - 9 years (maximum age General category : 35 years, SC/ST : 40 years, OBC : 38 years).

(b) The candidate so applied and sponsored by District Employment Exchange shall be interviewed by a committee formed separately for each category of posts and the candidates found suitable as per the standards fixed for the same from time to time shall be recruited in the Bank to the extent of district wise vacancies earmarked for the purpose in the respective category.

Read with interview rating sheet of eligible candidate for appointment of Safai Karamchari-cum-sub staff and/or sub-staff.

5. The petitioner was called for interview on 28.2.2013 in the office of 2nd respondent vide interview letter dated 23.2.2013. Pursuant to the interview letter, he attended the interview on 28.2.2013. Staff of the 2nd respondent after perusal of the documents of the petitioner, not permitted the petitioner to attend the interview stating that petitioner is overage on the prescribed date. The petitioner is stated to have apprised the staff that his candidature is required to be considered under OBC category and he is aged about 25 years, 9 months and 25 days. Therefore, his candidature is to be considered under the OBC category, as well as, general category, he is entitled to participate in the process of selection to the post of Safai Karamchari. However, staff of respondent No.2 did not appreciate the petitioner's plea. Consequently, the petitioner made a correspondence with the 2nd respondent that denial of interview and participation in the process of selection would be arbitrary and discriminatory. The respondent– Bank replied to the petitioner's plea stating that petitioner failed to produce OBC certificate at the time of scrutiny of documents and he did not attend interview under general category. Thereafter, petitioner sought information under RTI relating to selection and appointment to the post of Safai Karamchari. The respondent – Bank supplied information. The petitioner noticed certain irregularities in the process of selection that ov