ORISSA HIGH COURT
RISHANSH KUMAR VAIDYA – Appellant
Versus
UNION OF INDIA – Respondent
JUDGMENT :
Biraja Prasanna Satapathy, J.
Since both the Writ Petitions involve common issue with similar prayer, both the matters were heard analogously and disposed of by the present common order.
2. Both the Writ Petitions have been filed inter alia with the following prayer:-
“It is, therefore, humbly prayed that Your Lordships may graciously be pleased to admit the Writ Petition and after hearing the parties further be pleased to issue appropriate Writ(s)/ Order(s):-
(1) To quash and set-aside the condition mentioned in Eligibility/ Essential qualification provided under clause 2 of the Advertisement being Advertisement No. Ref. No. MCL/HQ/Recruitment/Statutory/2022/600 dated 15.12.2022 issued by Mahanadi Coalfield Limited under Annexure-1 whereby and where under the candidates possessing restricted competency Certificates have been declared not eligible for appearing in the selection process for recruitment to the various posts of Jr. Overman T&S Gr-C (82 vacancies), Mining Sirdar T&S Gr-C (145 vacancies) and Surveyor T&S Gr-B (68 vacancies) which is wholly arbitrary, unreasonable, whimsical and without application of mind and in complete violation of the Coal Mines Regulation, 201
Budhan Choudhury & Ors. Vs. State of Bihar
Ramesh Kumar Vs. High Court of Delhi & Ors.
Ashish Kumar Vs. State of U.P & Ors.
Maharashtra Public Service Commission Vs. Sandeep Sharma Warade & Ors.
Zahoor Ahmad Rather & Ors. V. Sheikh Imtiyaz Ahmad & Ors.
Chief Manager, Punjab National Bank & Anr. Vs. Anit Kumar Das
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 ....
Eligibility for employment cannot be retroactively altered post-selection without statutory basis, safeguarding candidates' rights under Articles 14 and 16.
Candidates cannot challenge recruitment criteria after participating in the selection process, as estoppel applies. Eligibility is determined by the employer based on stated qualifications within the....
Adherence to specified deadlines and requirements outlined in the advertisement is crucial for the validity of caste certificates and the selection process.
The terms and conditions of the advertisement cannot be altered, and the mandatory nature of the instructions issued by the Commission must be strictly adhered to.
The requirement for valid caste certificates by the cut-off date is constitutional, ensuring fairness in the application process for reservations, and non-compliance results in treatment under unrese....
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....
The judgment emphasizes the importance of strict adherence to the terms of advertisements for competitive examinations and upholds the principle that Article 14 of the Constitution does not permit re....
The main legal point established in the judgment is that the selection process must adhere to the terms of the advertisement and the prescribed rules, and any deviation from these norms is impermissi....
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