The court emphasized that once a Coordinate Bench had found the petitioner possessed the requisite qualification, the respondents could not question it, and directed the respondents to consider the petitioner's promotion within eight weeks.

JUDGMENT :

Raja Basu Chowdhury, J

1. The present writ petition has been filed, inter alia, questioning the order dated 19th January, 2017 issued by the General Manager (P&IR), Eastern Coalfields Limited, whereby, further clarification had been sought for from the university and on the failure of the university to provide such clarification, the selection process initiated pursuant to the advertisement dated 25th August, 2012 issued by the respondent no.3 would stand cancelled after expiry of six months.

2. The petitioner claims to be working as a ward boy in Central Hospital, Kalla, ECL. According to the petitioner, the respondents had requested the petitioner to report for duty to Pathology Department of the Central Hospital, Kalla, ECL with effect from 14th November, 2003. Since then, the petitioner in the year 2010 had decided to enhance his qualification by completing diploma in Medical Laboratory Technology through distance course and had accordingly applied before his superior authority. On the basis of his application, the competent authority of the respondents having scrutinized his case had accorded permission by an office order dated 22nd June, 2011, to the petitioner for studying diploma course in Medical Laboratory Technology at Periyar University, Salem, on the terms and conditions appearing on the said office order.

3. To morefully appreciate the same, the relevant conditions are extracted hereinbelow:-

“This above proposal was forwarded to the Competent Authority and the Competent Authority has accorded permission for studying the above mentioned course on the following terms and conditions:-

1. No TA/DA/Special Leave/financial benefit will be given to the above employee.

2. Company’s work will not be hampered in any way.

3. On acquiring the qualification your request for promotion can not be considered as per provision of cadre scheme.”

4. It is the petitioner’s case that he had since completed his diploma course in Medical Laboratory Technology, whereupon the Periyar University had awarded a diploma and had certified that the petitioner has qualified to receive the said diploma and was placed in second class, at the examination held in May/June, 2011.

5. In the interregnum, the respondent no. 3 had published an internal advertisement on 25th August, 2012 inviting applications from the departmental eligible employees for selection in the posts as identified and classified in the said advertisement. The posts which were advertised included Laboratory Technician (Pathological) in Technical & Supervisory grade (Group C), and the eligibility as per the cadre scheme was diploma in respective technology from recognized institute and 3 years experience in recognized institute/ government hospital or in Group D.

6. According to the petitioner since, the petitioner was otherwise eligible for promotion to the post of Laboratory Technician (Pathological) in Technical & Supervisory grade (Group C), the petitioner had applied and on the basis thereof, by an office order dated 30th May, 2014, the petitioner along with another candidate was advised to appear for written examination and viva voce for selection of X-Ray Technician/Radiographer, Lab. Tech and Pharmacist (T) in the office of the General Manager (P&IR), ECL, HQ, Sanctoria alongwith their original Identity Cards and educational certificates. The petitioner claims that although, the petitioner had appeared for the examination and was otherwise successful, his name was not published as a successful candidate. On the contrary, since the post of Laboratory Technician was being filled up by direct recruits, the petitioner was constrained to move a writ petition before this Court which was registered as WP No. 925 of 2014.

7. As would appear from the order dated 22nd September, 2014, the learned advocate appearing for the respondents having clarified that the posts of X-Ray Tech/Radiographer, Lab. Tech and Pharmacist which have been earmarked to be filled up from departmental candi