IMPORTANT POINT
Candidates having participated in the selection process cannot challenge the process on becoming unsuccessful.

JUDGMENT :-

A.K. SIKRI, J.

Civil Appeal @ SLP(C) no. 31026 of 2011

Civil Appeal @ SLP(C) No. 33518-33519 of 2011

Civil Appeal @ SLP(C) No. 33772 of 2013

Civil Appeal @ SLP(C) No. 33784 of 2013

Leave granted.

2. Civil Appeal arising out of Special Leave Petition (Civil) No.31026 of 2011 is treated as lead case and the background facts culled therefrom are briefly mentioned below :

The appellant in this case is National Thermal Power Corporation, Kahalagaon (hereinafter referred to as the 'NTPC'). It established a Super Thermal Power Plant in the District of Kahalagaon, Bihar in the year 1986. While doing so, the NTPC had prepared a plan for the recruitment of labour in such plant, with preference to be given, in various classes of such labour, to persons whose lands had been acquired for the construction of the said plant (Land Oustees). Thereafter, the NTPC ran into industrial relations problems as the said Land Oustees demanded a larger share of preference in the employment in the various classes of posts. Accordingly, the NTPC made adjustments to the recruitment procedure on 28.05.1986. Subsequently, it ran into further labour problems such as Bandhs, Gheraos, etc. by the said Land Oustees. On this account, the appellant was suffering huge loss on a daily basis. As a result, the NTPC resolved to exclusively employ Land Oustees in all the specific labour classes. This decision was communicated to the Government of India vide letter dated 20.07.1998. Thereafter, there was the creation of new vacancies due to expansion of the said Plant. The NTPC took a decision to allot these newly created posts entirely to the class of Land Oustees. This decision was communicated to the Parliamentary Committee, and as per the same, the local Employment Exchanges were notified. Further, the NTPC sent requests to all the concerned District Magistrates to publish information about the said vacancies. On these basis, the NTPC received applications, conducted interview procedures and appointed the successful candidates to the vacant posts, being all Land Oustees.

3. The Parliamentary Committee devised a complete scheme/ procedure for appointments. It was of the opinion that in the ministerial area, NTPC would not insist much for the experience of the candidates falling in the category of Land Oustees of priority group one. As per the Committee, the NTPC may induct people in the ministerial area and may keep them on such positions for such time that one acquires the requisite experience. Till such time the requisite experience is attained, appointee was to be treated as on casual / muster roll employee. However, no relaxation would be made in the area as far as the job requirement and as far as certificate of competency is concerned and a certificate of land would be issued was the Circle Officer Kahalagaon, which would duly be counter signed by respective LRDC. The Committee was of the opinion that only one job would be provided to one member of a family falling in the priority group. In the Interview Board, apart from the representatives of the NTPC, Special Land Acquisition Officer, District Employment Officer were also to be associated. For any reason, if one was not in a position to attend the interview, the validity of the interview so conducted was not to be challenged.

4. It may be mentioned at this stage that the vacancy notified were 101 against which 377 applicants, who were Land Oustees, were considered. Out of these 101 posts, 69 were meant for Artisan Trainee (ITI Fitter), 30 posts for Artisan Trainee (ITI Electrician) and 2 posts for Lab Assistant Trainee. The NTPC availed the services of Indian Institute of Psychometry, Kolkata to conduct the written tests. Thereafter, an Interview Board comprising of representatives from the State Governments / Minority Community and senior officers of the NTPC was constituted which conducted the interview of those candidates who have passed the written test. In this manner, selection of 101 persons fro