H. Babu Yogish, v. Union Of India, Rep. By Its Under Secretary,

HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO Writ Petition No. 40275 of 2017 Order:

The petitioner is working as Assistant General Manager in the second respondent organization and he states that he is eligible to be considered for appointment to the post of Deputy General Manager. While so, the second respondent issued a notification on 27.09.2017 calling for applications from eligible Indian citizens with experience of working in the Insurance Industry for filling up of the posts of Manager, Assistant General Manager, Deputy General Manager and General Manager through open competition on all India basis. The petitioner is aspiring for the post of Deputy General Manager in Grade-D. There are five (5) posts of Deputy General Manager in Grade-D, out of which four

(4) posts were reserved for general candidates and one (1) post for OBC candidate. The age limit was prescribed as 55 years. The petitioner, though does not state with regard to social group to which he belongs, learned counsel for the petitioner submits that he belongs to Scheduled Caste category. He stated to have submitted a representation to the second respondent stating that the notification dated 27.09.2017 contained many inherent flaws and though there are huge backlog vacancies in the second respondent organization the rule of reservation is not being followed. Though in the earlier notification the maximum age limit was fixed at 45 years with a relaxation of 5 years to the reserved categories, the present notification is issued fixing the maximum age limit at 55 years in order to favour some persons who are working on deputation with the second respondent. The petitioner and others filed W.P.No.18157 of 2013 challenging the action of the second respondent in

bringing the persons on deputation and the said Writ Petition is pending. Learned counsel for the petitioner states that the petitioner also applied to the post of Deputy General Manager in Grade-D, however filed the present Writ Petition challenging the notification dated 27.09.2017 on the main ground of violation of reservation policy.

The impugned notification clearly states that out of five (5) posts of Deputy General Manager in Grade-D, four (4) posts were earmarked for General/UR and one (1) post is earmarked for OBC candidate. No prima facie case is made out in the affidavit filed in support of the Writ Petition with regard to violation of rule of reservation. The present Writ Petition cannot be entertained on the basis of vague assertions of violation of rule of reservation while issuing the notification. In the circumstances, this Court sees no ground to entertain the present Writ Petition, more so when the petitioner applied pursuant to the notification. The Writ Petition is, accordingly, dismissed. There shall be no order as to costs.

As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

___________________________ A. RAMALI NGESWARA RAO, J Date: 28.11.2017 Nsr