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2021 Supreme(Mad) 1237

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SURESH KUMAR, J.
S. Sujatha - Petitioner
Versus
The Chairman, Coal India Limited & Ors. - Respondents
W.P. No. 20810 of 2011
Decided On : 04-03-2021

Advocates Appeared:
For the Petitioner: Mr. T. Danasekaran.
For the Respondents: Mr. P. Vinod Kumar Standing counsel.

Headnote:

Employment and Service matter - Community Certificate - Post of Management Trainee in various Disciplines - Selection process - Recruitment Drive - Sought for a Writ of Mandamus directing respondents to consider petitioner's representation and also direct third respondent to issue appointment order to petitioner on basis of announcement of selected candidates for the post of Management Trainee in various Disciplines under Special Recruitment Drive for SC / ST published through Internet during May 2006 by respondents - Held, once candidate is selected from communal category and appointed, either at the time of appointment or afterwards, if employer feels or receives, any information about genuinity of community Certificate of candidate concerned, certainly employer can send it for verification. Once such verification has been sent, it is for Revenue Authority or Certificate Issuing Authority to verify same and send a report. If any such report is given and based on such report, if Community Certificate Issuing Authority comes to conclusion that, Certificates are ingenuine, that Certificate should have been canceled by such Issuing Authority or Canceling Authority in manner known to law - Petitioner having been selected through the duly conducted selection process and his name was found in selection list and it was published in year 2006 and Community Certificate which was produced by him at the time of making application, since has been found to be a genuine one, for which, the report has also come in July 2008, reasons stated by the respondents for not giving appointment order to petitioner is totally unjustifiable - Writ Petition is ordered

ORDER :

The prayer sought for herein is for a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 17.07.2009 and also direct the third respondent to issue appointment order to the petitioner on the basis of announcement of selected candidates for the post of Management Trainee in various Disciplines under Special Recruitment Drive for SC / ST published through Internet during May 2006 by the respondents.

2. The respondents Coal India Limited called for applications through notification in advertisement on 26.02.2005 for selection to various posts at the respondents organization.

3. The Management Trainee (Welfare / Personnel) is one of the posts, for which, the applications were also called for.

4. It is to be noted that, the said Recruitment Drive is a Special Recruitment Drive meant for Scheduled Castes and Schedule Tribes candidates.

5. Pursuant to the said advertisement issued by the respondents, the petitioner had made an application to the selection process for the post of Management Trainee (Welfare / Personnel).

6. The selection process consists of two stages, one is written test followed by interview. The written test was conducted sometime in November 2005, where the petitioner has cleared, in other words, she became eligible to be called for interview. Accordingly, the interview was conducted sometime in March 2006, where the petitioner also has participated and cleared. Ultimately, the final result of the selected candidates was published in May 2006.

7. While issuing such list of selected candidates, the Selection Committee of the respondents, as per the procedure in vogue, since it is a special Recruitment Drive for SC and ST, in order to testify the veracity and genunity of the Community Certificates, they produced, i.e., invariably all the certificates signed and issued under various capacities of the Issuing Authority of the Revenue Department concerned were directed to be verified. In this regard, only after getting a report from the said Revenue Authority / Certificate Issuing Authority, the genunity of each of the Certificates of the Community concerned would be satisfied and then only the appointment orders or posting orders would be given.

8. Accordingly, the petitioner's Community Certificate belongs for SC Community, has also been sent for such verification and report immediately after the publication of the result of the selected candidates in the year 2006. However, since no reply was received from the Revenue side, when it was followed by the respondents, they came to know that, it was originally sent to the Thasildar concerned, who in turn forwarded the same to the Collector, Kancheepuram and thereafter, since the address given by the petitioner in the Certificate, when it was verified, was not found, as the petitioner was not residing in the address which was entered in the Certificate, they could not immediately send a report and therefore, it has been forwarded to the Collector, Tiruvallur sometime in the year 2007. Thereafter, the Collector, Tiruvallur, after having verified the genunity of the Certificate issued to the petitioner has sent a report in July 2008 to the respondents.

9. However, by that time, the time prescribed for the panel of selected candidates as per the regulation prescribed in this regard by the respondents Department since expired and it was only extended upto 31.03.2008 and the genunity of the Community Certificate report since was received only on July 2008, well before which the extended period of the panel expired in March 2008 itself, the respondents Department could not be in a position to give appointment to the petitioner.

10. However, the petitioner not satisfied with the said reasons stated for inaction on the part of the respondents to give appointment to the petitioner, pursuant to the selection having been made in the year 2006 itself, seems to have given representation to the respondents and the same since has not been considered

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