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IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.N. PATHAK
Rohit Rajesh Darshanwad – Appellant
Versus
Central Coalfields Ltd., through its Chairman-cum-Managing Director – Respondent
| Table of Content |
|---|
| 1. overview of the writ petitions and hearing. (Para 1 , 2) |
| 2. background facts of the petitioners' qualifications. (Para 3 , 4 , 5) |
| 3. petitioners' argument emphasizing qualifications. (Para 6 , 7) |
| 4. respondents' counterarguments regarding eligibility. (Para 10) |
| 5. court's observations on advertisement versus statutory rules. (Para 11 , 12 , 14 , 15 , 16) |
| 6. legitimate expectation for the appointment. (Para 17 , 18) |
| 7. judicial review affirming petitioners' claims. (Para 19 , 20) |
| 8. court's final ruling for appointment letters. (Para 21 , 22 , 23 , 24 , 25) |
JUDGMENT :
(S.N. Pathak, J.)
These batch of writ petitions raised similar questions of law and facts and hence, the same are heard together and are being decided analogously with the consent of the learned counsel for the parties by this common judgment.
2. Heard the learned counsel for the parties at length.
Prayer
3. The petitioners have prayed for issuance of appointment letter on the basis of merit list already prepared by the respondents for the post of Electrician (Non-Excavation / Technician), pursuant to Advertisement No. 63 dated 28.03.2023.
4. For convenience sake, the facts of W.P.(S) No. 5732 of 2023 would be suf
Eligibility for employment cannot be retroactively altered post-selection without statutory basis, safeguarding candidates' rights under Articles 14 and 16.
Candidates participating in the selection process are estopped from challenging the eligibility criteria once they accept the terms in the employment notice.
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....
The court affirmed the validity of restricting recruitment eligibility to candidates holding unrestricted mining competency certificates as per regulatory requirements, ruling that such stipulations ....
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....
Selection decisions must be justified and not arbitrary, ensuring fairness in administrative processes.
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