2001 Supreme(Guj) 805
Gujarat High Court
Judgename :KUNDAN SINGH
G.K.MADIA - Appellant
Versus
GUJARAT INDUSTRIAL DEVELOPMENT CORPORATION - Respondent
S.C.A. 6663 of 1985
Decided On : 12/07/2001
Headnote:
Constitution of India - Articles 14 and 16 - Scheduled castes Scheduled tribes quashing setting aside the appointment - Corporation appoint petitioners place with retrospective date of appointment with all benefits including pay - Alternatively, to quash and set aside the oral test/interviews - recruitment to the post of Senior Officer - Designated as Assistant Manager and to direct GIDC to hold fresh oral test - Scheduled Tribe and is entitled to be given preference as a member of the Scheduled Tribe - qualified to be appointed as Senior Officers - Fulfil the requirements regarding qualification, written test for the Senior Officers in the case of direct recruitment - Initially selected for oral interviews - Candidates were also interviewed Board interviewed members waiting outside interview, some senior office bearer employees Union had come there few minutes before the interviews had begun and he had whispered some words - Held, selection committee and whispered something which is not substantiated on any material and evidence number of persons was increased from 12 to 24 for interview at the instance of the union contended that there were four vacancies, out of which 1 for SC, two for ST and one for OBC, but the respondents have selected only one from ST and one from SC community an one from general category though it was earmarked for OBC. In this respect, it is also mentioned in the counter affidavit filed on behalf respondents sufficient number of suitable person from reserved category would be available, then they can be selected and appointed, but there is nothing on record to show that besides the respondents, any other person was found suitable selection committee -suitable persons belonging to reserved category is not found, then the persons from the general category can be appointed and the post for reserved category will be carried forward. It is nowhere denied in the counter affidavit filed on behalf of the respondents that the post for reserved category which could not be filled, has not been carried forward - As such, I do not find any good reason for interference. This petition deserves to be dismissed.
( 1 ) AS both these petitions are connected with each other and have been ordered to be tagged for final hearing, are being disposed of by this common judgment. The first petition being Special Civil Application no. 6663 of 1985 has been filed by the petitioners belonging to scheduled castes and scheduled tribes and for quashing and setting aside the appointment of respondent nos. 2 and 3 as Senior Officers in the respondent no. 1 Corporation and for a direction to the respondent no. 1 Corporation to appoint the petitioners in their place with retrospective date of appointment with all benefits including pay etc. as if the petitioners have been appointed instead of respondent nos. 2 and 3. Alternatively, to quash and set aside the oral test/interviews held on 2. 10. 1985 for the recruitment to the post of Senior Officer, now re-designated as Assistant Manager and to direct GIDC to hold fresh oral test.
( 2 ) BRIEF facts of the petition in petition being Special Civil Application no. 6663 of 1985 are that the petitioner no. 1 is a member of Scheduled Tribe and is entitled to be given preference as a member of the Scheduled Tribe. The petitioner no. 2 is also a member of Scheduled Caste and he is also entitled for similar preference. Both the petitioners are qualified to be appointed as Senior Officers. Both the petitioners fulfil the requirements regarding qualification, written test for the Senior Officers in the case of direct recruitment. The respondent Corporation vide its advertisement in the local newspaper Gujarat Samachar dated 6. 4. 1983 invited applications for the recruitment for the post of Senior Officers. The petitioners were called for preliminary written test which was held by the respondent Corporation on 17. 6. 1984 and both the petitioners appeared in the written test. 12 persons including the petitioner no. 1 was initially selected for oral interviews which were to be held on 8th November, 1984. The petitioners gathered information that the petitioner no. 1 had obtained 55 marks in the written test out of 100 marks, whereas the petitioner no. 2 obtained 51 marks in the written test. The petitioner no. 1 was informed for the interview which was scheduled to be held on 8. 11. 1984. By a letter dated 1. 5. 1985 the petitioner was informed that oral interviews were postponed an the next date was to be fixed. Lateron, the petitioners came to know that the said interviews which were scheduled to be held on 7/8. 11. 1984 were postponed at the instance of the Union. The petitioner no. 1 was informed by a letter dated 17. 9. 1985 that oral interviews were scheduled to be held on 28th September, 1985. The petitioner no. 2 was also informed by a similar letter dated 17. 9. 1985. The responent no. 2 was also called for oral interview on 28th September, 1985. The petitioners also got the information that initially on 8. 11. 1984, only 12 persons were called for interviews. Thereafter, the number of candidates for interviews were malafide increased to 23. On 28th September, 1985, number of candidates called for interview were raised from 23 to 24. Ultimately, oral interviews were held on 2. 10. 1985 after about one year and the number of candidates called for interview was increased from 23 to 24. The petitioners were tested in the inteview for about 5 to 10 minutes. Several general questions were asked and the petitioners replied satisfactorily all questions. The petitioners inteviews were conducted by four persons, namely Shri I. M. Balchandani, Corporate Personnel Manager; Shri M. M. Shah, Chief Accounts Officer; Shri H. B. Shah, Chief Engineer and Shri Hasmukh Vora, Board Member. Shri Basu had also joined the interview committee. Some candidates were also interviewed by the Board and some were interviewed by the members. When the petitioners were waiting outside for the interview, some senior office bearer of the employees Union had come there few minutes before the interviews had begun and he had whis