Candidates eligible only because of relaxed standards can be considered only against the reserved category.

(P.K. MISRA, J)

W.P.No.8568 of 2006 has been filed by one M. Sankar, belonging to Scheduled Caste for issuing a writ of Mandamus or any other appropriate writ or order of direction directing the respondent, namely, Bharat Heavy Electricals Limited, to consider the petitioner for the appointment to the post of Skilled Artisan (Welder) in terms of Employment Notice No.277.

1.1 W.P.No.8818 of 2006 has been filed by Bharat Heavy Electricals Limited Worker’s Union, for issuing a writ of Certiorarified Mandamus or any order or direction calling for the records of the Employment Notice No.277 issued by the third respondent in such writ petition, namely, the General Manager, H.R.D., Bharat Heavy Electricals Limited and quash the same and direct the respondents to issue fresh employment notice in accordance with law.

1.2 W.P.No.8945 of 2006 has been filed by the Scheduled Castes Uplift Union, the SC/ST Employees Welfare Associations and the SC/ST Employees Welfare Council against the Bharat Heavy Electricals Limited to issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondent to reconduct the selection process held pursuant to employment Notice No.277.

2. W.P.No.8568 of 2006 was initially admitted by a learned single Judge. Subsequently, W.P.No.8818 of 2006, which was filed as a public interest litigation on behalf of Bharat Heavy Electricals Limited Worker’s Union was admitted by a Division Bench on 25.9.2006 and notice was issued in the matter relating to stay/injunction. On 28.9.2006, an interim order was passed in W.P.Nos.8818 and 8945 of 2006 to the effect that the selected candidates shall not be allowed to join till 12.10.2006. It was further directed that notice should be published in the newspaper indicating that the writ petitions should be taken up for further hearing on 12.10.2006 and further indicating that any interested candidate was free to file application for intervention on or before the said date so that such candidate could also be heard. It was further indicated that such order passed by the court in presence of the Counsel appearing for Bharat Heavy Electricals Limited should be brought to the notice of the selected candidates by Bharat Heavy Electricals Limited.

2.1 Pursuant to such order, notice was published in Tamil newspaper “Dina Malar” and English newspaper “Indian Express”. On 12.10.2006, when the matter was listed for further hearing on stay, the interim order dated 28.9.2006 was modified by permitting the selected candidates to join after giving an undertaking that such selection and appointments are subject to the result of the writ petitions and if ultimately the writ petitions are allowed, such appointments shall not confer any legal right and the selected candidates can claim only the salary for the period they worked pursuant to the direction. It was further directed that the selected candidates at the time of joining should give an undertaking that the decision in the writ petitions would be binding on them without any further notice. Such undertaking was directed to be taken by the management at the time of allowing the selected candidates to join against the selected posts. It was also directed that the writ petitions shall be taken up for hearing on 19.10.2006.

2.2 On or before 12.10.2006, several petitions for intervention had been filed and all those applications were ordered and the interveners were impleaded as parties. Subsequently also several other intervening applications have been filed, which have also been allowed. In W.P.No.8568 of 2006 notice had been issued to Bharat Heavy Electricals Limited, the sole respondent, to appear on 15.11.2006. However, since the basic contentions raised in such writ petition are also same as in the other two writ petitions, such matter was also taken up along with two other writ petitions, which have been posted before the Division Bench, on the consent of the counsels appearing for the petitioner