1994 Supreme(Gau) 139

GAUHATI HIGH COURT
M.Sharma, J.
Md.Akiluddin Ahmed -Appellant
Versus
Union of India and Ors. -Respondent
Civil Rule No. 168 of 1994
Decided On : 14-07-1994

Departmental candidates fulfilling the requisite qualifications must be considered first for appointment to posts to be filled by direct recruitment, as per the ONGC Recruitment and Promotion Regulation, 1980 and subsequent office orders.

Headnote:

RECRUITMENT AND PROMOTION - ONGC RECRUITMENT AND PROMOTION REGULATION, 1980 - SECTION 25.4.80 - APPOINTMENT OF DEPARTMENTAL CANDIDATES - INTERPRETATION AND APPLICATION - DIRECT RECRUITMENT - ELIGIBILITY - QUALIFICATIONS - SELECTION PROCESS - CONSIDERATION OF DEPARTMENTAL CANDIDATES - APPLICABILITY TO CLASS IV EMPLOYEES - SCOPE OF PROMOTIONAL AVENUES - LEGALITY OF ADVERTISEMENT FOR OUTSIDE CANDIDATES - INTERIM STAY ORDER - VACATION.

Fact of the Case:

Six writ petitioners, initially appointed as Helper Grade III in ONGC, were promoted to various posts over time. They claimed that, as departmental candidates with requisite qualifications and experience, they should have been considered for appointment as Junior Engineers before filling the posts through outside recruitment, as per the ONGC Recruitment and Promotion Regulation, 1980 and subsequent office orders. Despite an earlier High Court order directing ONGC to consider their appointments, the petitioners were not selected for the posts and an advertisement was issued for outside candidates.

Finding of the Court:

The court found that the petitioners were not selected for the posts of Junior Engineers because they were not Diploma Holders in Mechanical Engineering, a requirement that was not mentioned in the earlier writ petition. The court also noted that similarly situated persons were appointed to the same posts with diplomas from the same institution as the petitioners, indicating a lack of clear policy and norms in the appointment process.

Issues: 1. Whether the petitioners, as departmental candidates, were entitled to be considered for appointment as Junior Engineers before filling the posts through outside recruitment, as per the ONGC Recruitment and Promotion Regulation, 1980 and subsequent office orders? 2. Whether the requirement of a Diploma in Mechanical Engineering for the post of Junior Engineer was a valid and applicable criterion in the selection process? 3. Whether the advertisement for outside candidates was legally permissible in light of the earlier High Court order directing ONGC to consider the petitioners' appointments?

Ratio Decidendi: 1. The court held that the ONGC Recruitment and Promotion Regulation, 1980 and subsequent office orders created a claim for appointment to the post of Junior Engineer for departmental candidates fulfilling the requisite qualifications. The notification issued under the Regulation had force since appointments had been made under it. 2. The court found that the requirement of a Diploma in Mechanical Engineering for the post of Junior Engineer was not a valid and applicable criterion in the selection process, as similarly situated persons were appointed to the same posts with diplomas from the same institution as the petitioners. 3. The court held that the advertisement for outside candidates was not legally permissible in light of the earlier High Court order directing ONGC to consider the petitioners' appointments.

Final Decision: The court directed ONGC to consider the petitioners for appointment to the post of Junior Engineer in immediate available vacancies in the Automobile/Mechanical section, subject to fulfillment of qualifications for selection. The court also directed ONGC to evolve a clear-cut scheme to appoint Class IV (Helper Grade) employees to avoid dissatisfaction and grumbling.