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2015 Supreme(Gau) 394

IN THE HIGH COURT OF GAUHATI
(The High Court Of Assam, Nagaland, Mizoram & Arunachal Pradesh)
UJJAL BHUYAN, J.

Hiteswar Kardong & Ors. - Petitioners
Versus
Union of India & Ors. - Respondents
WP (C) No. 3452 of 2011
Decided On : 17.06.2015

Advocates:
Advocate Appeared:
For the petitioners: Ms P Chakraborty, Ms G Deka, Ms A Das, Ms K Khan
For the respondents: Mr G N Sahewalla, Sr. Adv. & Mr N Anix Singh, Ms N K Devi, Ms H Terangpi

Headnote:

Recruitment and Promotion Regulations, 1980 - Constitution of India,1950 - Article 226 - Fire services with driving license - Service rendered - Petitioners is that Oil and Natural Gas Corporation Limited (ONGC) Assam Asset had issued an advertisement in early part of being Advertisement for recruitment to regular Class-III and Class-IV posts - Amongst various posts applications were invited for (four) vacancies in post of Junior Fire Supervisor (three) for Unreserved (UR) category and (one) for Scheduled Tribe (ST) category - Qualification prescribed was Intermediate pass having (six) months experience in fire services with driving license for heavy vehicles being essential - It was also stated that physical efficiency test would apply - Result of recruitment process was published on - All four petitioners were finally selected against (four) notified vacancies petitioner against ST vacancy and other petitioners against UR vacancies – Held, Court is of view that procedure adopted by selection committee did not suffer from any illegality or infirmity - Departmental candidates were considered but failed to qualify for reasons discussed above - In such competent authority of ONGC was not at all justified in interfering with outcome of selection conducted by its own agency comprising of high officials of ONGC - There was no justification to cancel selection process in its entirety - Annulment or cancellation of a selection process is a very drastic measure and should be resorted to by the authorities only when all other means of saving selection are ruled out - There is some element of sanctity attached to a selection process and it is duty of departmental authorities to ensure that sanctity of selection process is maintained - It should neither be a party nor facilitate any move to undermine a duly conducted selection process - Writ petition allowed

ORDER :


Heard Ms P Chakraborty, learned counsel for the petitioners and Mr G N Sahewalla, learned Senior Counsel assisted by Mr Anix Singh, learned counsel for the respondents.

2. By filing this petition under Article 226 of the Constitution of India, petitioners seek a direction to the respondents to appoint them in the post of Junior Fire Supervisor following their selection.

3. Case of the petitioners is that Oil and Natural Gas Corporation Limited (ONGC), Assam Asset, Nazira, had issued an advertisement in the early part of 2010, being Advertisement No. R & P – 03/2010 for recruitment to regular Class-III and Class-IV posts. Amongst various posts applications were invited for 4 (four) vacancies in the post of Junior Fire Supervisor, 3 (three) for Unreserved (UR) category and 1 (one) for Scheduled Tribe (ST) category. Qualification prescribed was Intermediate pass having 6 (six) months experience in fire services with driving license for heavy vehicles being essential. It was also stated that physical efficiency test would apply. Age required for UR category was 30, whereas for ST, it was 35. It was, however, provided that there would be age relaxation to the extent of service rendered in ONGC in respect of departmental candidates. Minimum physical standards were prescribed.

4. Petitioners being eligible applied for the post of Junior Fire Supervisor. Petitioner No. 1 belongs to ST category, whereas petitioner Nos. 2, 3 and 4 belong to UR category. Petitioners are external candidates, i.e., not departmental candidates.

5. Written test was held on 10.10.2010 in which petitioners participated. Result of the written test was published on 02.12.2010. Petitioners qualified in the written test. A total of 13 (thirteen) candidates qualified in the written test.

6. Qualified candidates were thereafter called to appear in the oral interview, which was held from 08.12.2010 to 14.12.2010. Accordingly, petitioners appeared in the oral interview.

7. Result of the recruitment process was published on 08.02.2011. All the four petitioners were finally selected against the 4 (four) notified vacancies, petitioner No. 1 against the ST vacancy and the other petitioners against the UR vacancies.

8. According to the petitioners, a total of 158 candidates were selected against the notified vacancies in various posts. Appointment letters were issued to all the selected candidates except the petitioners.

9. Petitioners submitted joint representation on 13.06.2011 before the respondent No. 5 for their appointment but no decision was taken there on. Petitioners could come to know later on that because of extraneous pulls and pressure, appointment letters which were issued to the petitioners were withdrawn and that decision was taken to cancel the selection of the petitioners and to go for fresh advertisement.

10. Aggrieved, the present writ petition has been filed.

11. This Court by order dated 12.07.2011 while issuing notice, directed that status quo with regard to the 4 (four) advertised posts of Junior Fire Supervisor should be maintained as on 12.07.2011.

12. Respondent Nos. 2 to 7 have filed a common affidavit. Stand taken in the affidavit is that appointment letters were issued to all the selected candidates relating to other posts except the 4 (four) posts of Junior Fire Supervisor. One Musfiquddin Ahmed had filed a writ petition before this Court being WP(C) No. 16 of 2011 against rejection of his candidature for the post of Junior Fire Supervisor on the ground that he did not have continuous 6 (six) months experience in fire service. On 05.01.2011, this Court had issued notice. Since the matter was pending before the Court and to avoid multiplicity of proceedings, competent authority of ONGC took a decision on 09.02.2011 to keep in abeyance the appointments to the post of Junior Fire Supervisor till final order was received from the Cour




























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