Eligibility for employment cannot be retroactively altered post-selection without statutory basis, safeguarding candidates' rights under Articles 14 and 16.

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 sufficient to decide all these writ petitions. The facts in nutshell are that an advertisement was issued on 28.03.2023 by the respondent-Central Coalfield Limited (for short ‘CCL’) for appointment on various posts including Electrician (Non-Excavation / Technician). This advertisement was for special drive to recruit the reserved category candidates i.e. Scheduled Caste, Scheduled Tribe and Other Backward Class. The total number of posts advertised were 126 for Electrician (Non-Excavation / Technician), out of which 94 posts were earmarked for Scheduled Tribe; 29 for Scheduled Caste and 03 for Other Backward Class (non- creamy-layer). The petitioners being eligible in all respects for such appointment participated in the selection process by submitting their requisite application forms. From perusal of the application forms at Annexure-A to the counter affidavit filed by respondent- CCL, it appears that the candidates were required to upload the requisite / required certificates, namely, professional / technical certificate, ITI certificate and caste / category certificate. These certificates were uploaded online. Clause 15 of the said advertisement stipulates that the applicants fulfilling the eligibility criterion will only be called for Computer Based Test (CBT). The candidates will have to download their admit cards from the link which shall be made available on the website of CCL. The candidatures of the petitioners were found to be in order and hence, admit cards were issued to them. They appeared in the Computer Based Test and were declared successful. The select list has been annexed as Annexure-2 to the writ petition, in which the names of the petitioners find place. Since the petitioners were found successful, they were called for documents verification for the post of Electrician (Non-Excavation / Technician) by letter dated 19.07.2023. The petitioners appeared on the date and venue fixed for documents verification and produced all those certificates, which they have already uploaded at the time of submission of the application form. Since the appointment letters were not issued to the petitioners, they resorted to application under the provisions of the Right to Information Act, but neither the appointment letters were issued nor suitable reply has been furnished and hence, the writ petitions were filed at their instance before this Court under Article 226 of the Constitution of India.

5. The respondents have filed counter affidavit duly sworn by Chief Manager (P/Rectt.), CCL stating inter alia therein that the petitioners did not fulfil the requisite qualification and hence, appointment letters have not been offered to them. It is specifically pleaded that these petitioners were the candidates for the post of Electrician (Non-Excavation/Tec