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2025 Supreme(Jhk) 1225

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

Advocates:
Advocate Appeared:
For the Appellant :Mr. Manoj Kr. Tandon, Advocate
For the Respondents:Mr. Amit Kr. Das, Advocate

Candidates participating in the selection process are estopped from challenging the eligibility criteria once they accept the terms in the employment notice.

Headnote:(A) Writ of Mandamus - Employment Notice - Qualification Requirements - Petitioners contested their exclusion from the selection process for the post of Assistant Foreman (Electrical) due to lack of required qualifications, namely an Electrical Supervisorship Certificate valid for mines - Respondent successfully argued that petitioners did not meet the employment criteria set forth in the Notification dated 28.03.2023 - Established that participation in the selection process implies acceptance of the eligibility criteria, preventing subsequent objections - Petitioners aware of Joint Bipartite Agreement dictating qualifications yet failed to contest prior to application. (Paras 1-16)

(B) Estoppel - Participation in Selection Process - A candidate cannot challenge the eligibility requirements post selection process engagement as they are presumed to have accepted the criteria set. (Paras 15-16)

Findings of Court:
Petitioners did not possess requisite qualifications for appointment leading to dismissal of the application.

Issues: Whether petitioners met the qualifications outlined in employment notice and if participation in selection process estopped further objections.

Ratio Decidendi: Court held that candidates accepting the defined criteria in an employment notice cannot later contest those criteria once they partake in the selection process.

Result: Application dismissed.

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

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