IN THE HIGH COURT OF JHARKHAND AT RANCHI
AMBUJ NATH, J.
Dharmendra Kumar Gond, Son of Harigovind Gond - Appellant
Versus
The Central Coalfields Limited - Respondent
W.P (S) No. 7171 of 2023
Decided on : 28-04-2025
| Table of Content |
|---|
| 1. eligibility for assistant foreman position. (Para 1 , 2 , 4) |
| 2. verification and required documentation. (Para 5 , 6 , 8 , 9 , 14) |
| 3. consequences of failing to meet qualifications. (Para 7 , 10 , 11) |
| 4. estoppel and acceptance of selection criteria. (Para 12 , 13 , 15) |
| 5. writ application dismissed for lack of qualification. (Para 16) |
JUDGMENT :
Ambuj Nath, J.
Petitioners have filed this writ application for issuance of an appropriate writ (s)/direction (s) in the nature of mandamus directing the Respondent authorities to allow them to participate in the further selection process as prescribed in Advertisement dated 28.03.2023. Petitioners have further prayed for a direction upon the Respondent authorities to determine their eligibility on all aspects, considering the Note-B of the Advertisement dated 28.03.2023, wherein the petitioners claim to possess the necessary qualification that meet the eligibility criteria outlined in the advertisement. They have finally prayed for issuance of a direction upon the Respondent authorities to release the final selection list based on the previously published provisional merit list and to issue appointment letter in their favour.
2. Case of the petitioners is that vide Employment Notice Ref. No. CCL/Recruitment Adv-Stat/032023/63 was published by the Respondent Central Coalfields Limited (CCL) on 28.03.2023, application was invited for filling up the vacancies of various posts including the post of Assistant Foreman (Electrical). The Advertisement/Employment Notice was published under Special Recruitment Drive for SC/ST/OBC candidates.
4. It is the case of the petitioners, as per the advertisement, minimum qualification prescribed for the post of Assistant Foreman (Electrical) was:-
a. Matriculate or equivalent examination from any recognized Board of Examination with recognized Diploma in Electrical Engineer (three years course)
b. Electrical Supervisorship Certificate valid for mines.
The petitioners who were possessing the necessary qualification, submitted their applications for the prescribed post of Assistant Foreman (Electrical) and pursuant to their submission, admit cards were issued to the petitioners. Selection on the aforesaid post was to be based on the performance in the Computer Based Test (CBT). As per Clause 8 (General Instruction) Sub Clause 15, only those candidates who met the criteria outlined in the advertisement were to be invited for the Computer Based Test. The petitioners appeared in the Computer Based Test Examination conducted on 05.05.2023. Subsequently, list of candidates who were provisionally selected for the post of Assistant Foreman (Electrical) in CCL was published and the petitioners name appeared at Serial No. 5, 17, 38, 30, 1, 29, 59, 20, 44, 77, 10, 57, 43 and 26 (In ST Category) and at Serial No. 15, 12, 22 and 6 (in SC Category) and at Serial No. 7 (in OBC Category).
5. After the issuance of provisional list, notice was issued on the website of CCL for document verification of the selected candidates between the period 31.07.2023 to 03.08.2023. The petitioners duly presented themselves before the authorities providing their original documents for verification on the specified dates. The petitioners are still waiting communication from the Respondent authorities regarding their examination, but to no avail. It is their case that some other candidates were called for medical examination, post verification of documents. As per the petitioners, they are having requisite qualification for the post of Assistant Foreman (Electrical) and having the Electrical Supervisory Certificate from their respective States, but their candidature is not being considered. Accordingly, this writ application has been filed with a prayer to direct the Respondent authorities to issue appointment letters to the petitioners based on their personal preferences and desires.
6. Respondent Central Coalfields Limited have filed counter affidavit, admitting that the Employmen
Candidates participating in the selection process are estopped from challenging the eligibility criteria once they accept the terms in the employment notice.
Eligibility for employment cannot be retroactively altered post-selection without statutory basis, safeguarding candidates' rights under Articles 14 and 16.
Point of Law : Appointment has to be made strictly as per terms of the advertisement and in case, the candidates who did not possess the qualification as mentioned in the advertisement were permitted....
The main legal point established in the judgment is that the selection process must adhere to the terms of the advertisement and the prescribed rules, and any deviation from these norms is impermissi....
The court affirmed the validity of restricting recruitment eligibility to candidates holding unrestricted mining competency certificates as per regulatory requirements, ruling that such stipulations ....
The court upheld that employers could set qualification requirements for recruitment, confirming that restricting eligibility to holders of unrestricted competency certificates was lawful under the s....
Selection decisions must be justified and not arbitrary, ensuring fairness in administrative processes.
Appointment in public service – Recognized qualification is an essential facet of Article 16 of Constitution of India – No rights can be recognized in a candidate aspiring to enter public service on ....
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