Advocates:
['Dr Binay Kumar Singh', '', 'Alok Kumar Singh', 'Hemant Kumar Sharan', '', 'Aditya Sharan', 'Anant Kumar Sharan']

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4189 of 2013

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1. Sadanand Kumar S/O Shri Chandrachur Saw R/O Village And P.O.- Amarpur,

P.S.- Medni Chowk, Distt.- Lakhisarai, Bihar, At Present Residing At- Basgarha

P.O.- Basudeopur, P.S.- Kotwali, District- Munger

.... .... Petitioner/s

Versus

1. The Chairman-Cum-Managing Director, The Central Bank Of India, Corporate

Office- Chander Mukhi, Nariman Point, Mumbai- 400021

2. The Zonal Manager, The Central Bank Of India, Block- B, 2nd Floor, Maurya

Lok Complex, Dakbunglow Road, Patna- 800001

3. Mr. Yogendra Sah, Officer, The Central Bank Of India, Block- B, 2nd Floor,

Maurya Lok Complex, Dakbungalow Road, Patna- 800001

.... .... Respondent/s

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Appearance :

For the Petitioner/s : Mr. Dr. Binay Kumar Singh,

Mr. Amit Singh, Advocates.

For the Respondent/s : Mr. Aditya Sharan,

Mr. Hemand Kumar Sharan

Mr. Prabhat Kumar Sharan, Advocates.

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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY

ORAL JUDGMENT

Date: 29-01-2016

Heard learned counsel for the petitioner and learned

counsel for the respondents.

2. In the present writ petition, petitioner is seeking relief for

issuance of a writ in the nature of mandamus for a direction upon

the Zonal Manager, Central Bank of India, Patna (respondent

no.2) to hold personal interview for selection to the post of clerk

through Single Window Operator-A as he was refused the

opportunity of appearance in the interview on 19.2.2013 by the

Officer of the Central Bank of India, Patna (respondent no.3) on

Patna High Court CWJC No.4189 of 2013 dt.29-01-2016

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the ground that the date of birth indicated in his Bio-data which

was provided at the time of filling up the form does not match

with the date of birth mentioned in the matriculation certificate

and did not accept the affidavit that was sworn before the

Executive Magistrate, Munger vide affidavit no.858 of 2012

about clerical mistake committed him while filling up the form.

3. From the record it appears that an advertisement for

selection of Clerical cadre in 19 public sector Banks was notified

and for that a Combined Written Examination was conducted by

the Institute of Banking Personal Selection (hereinafter referred

to as <IIBPS=). Accordingly petitioner was short listed for the

interview, he was called for interview by Canara Bank on

31.7.2012. He appeared before the Interview Board without any

objection. Similarly he appeared before the Interview Board of

Bank of India and UCO Bank on 12.6.2012 and 7.8.2012

respectively that too without any demur. He also appeared before

the Interview Board of Vijaya Bank. The management of the

Central Bank of India called the petitioner for interview on

12.1.2013 but refused to take his interview on the ground of

variation of date of birth which was provided in Bio-data while

filling up the forms and did not produce certain documents as per

the instruction. The documents which the petitioner did not carry

Patna High Court CWJC No.4189 of 2013 dt.29-01-2016

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was the ground for refusing to allow him to appear in the

interview has been mentioned in the letter dated 7.2.2013

(Annexure-7) are as follows:

<You are advised to bring a copy of the print

out of the application registered >online?, along

with the following certificates and testimonials in

original and self attested copies of the same. Please

also bring the proof of payment of fees (fee

payment challan).

(i)Valid Common Written Examination

(CWE-2011) Score Card issued by IBPS.

(ii) Date of Birth Certificate as entered in

SSLC/Matric Certifica