Form No. J.(2)

Item No. DL/3

ARPAN - AR (CT)

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction

(Appellate Side)

W.P.A. NO. 27009 OF 2025

With

CAN 1 of 2025

BADVEL SREEDHAR

Vs.

COAL INDIA LIMITED & OTHERS

BEFORE: THE HON’BLE JUSTICE SAUGATA BHATTACHARYYA

For the Petitioner : Ms. Aditi Rathore, Adv. (Via VC)

Ms. Paulomi Dutta, Adv.

For the Respondents : Mr. Samrat Mukherjee, Adv.

Mr. Rik Mukherjee, Adv.

Hearing concluded on : 27.11.2025 Judgment On : 27.11.2025

SAUGATA BHATTACHARYYA, J.:

1. Affidavit-of-service filed on behalf of the petitioner is taken on record.

2. Matter is heard in presence of the learned advocates representing the

petitioner and Coal India Limited being the answering respondents. Petitioner is represented by learned advocate, who appears on virtual

mode.

3. Matter relates to non-supply of admit card for participation of the petitioner in a promotional examination which is scheduled on 29^th November, 2025 in terms of notification dated 25^th February, 2025. It is submitted in reference to a document at page 45 of the writ petition that since Annual Confidential Report (for short, ‘ACR’) of the petitioner was assessed ‘Below Good’ for the year 2023-2024, petitioner was not supplied admit card thereby prompting the petitioner to approach this Court with the present writ petition praying for direction upon the respondent authorities to supply admit card enabling the petitioner to participate in the ensuing Computer Based Test (CBT) on 29^th November, 2025.

4. In order to buttress the case made out by the petitioner, it is submitted that assessment of the candidate as per ACR needs to be carried out not at the stage when Computer Based Test is to be conducted but at the subsequent stage while assessing marks which will be awarded to the candidate under Written Test, Qualification and Experience as it is provided under Clause 6(vi) of the notification dated 25^th February, 2025.

5. In addition thereto attention of this Court has also been drawn to Clause 7(iii) of the notification dated 25^th February, 2025 whereunder it is provided that mere issuance of admit card before Computer Based Test does not confer right upon the applicant to be eligible for promotion/selection if he/she is otherwise found to be ineligible. Therefore, according to the petitioner in terms of the aforesaid provision as indicated in notification dated 25^th February, 2025, petitioner ought to have been supplied with admit card to participate in the ensuing computer based test on 29^th November, 2025.

6. Learned advocate representing Coal India Limited has opposed this writ petition based on Clause 6(vi) of the notification dated 25^th February, 2025 which is relied upon on behalf of the petitioner and Clause 7(ix) (c). It is further submitted that as the petitioner, as per ACR, was found to be ‘Below Good’ for the year 2023-2024, petitioner is not eligible to participate in the ensuing Computer Based Test. Moreover, as per Clause 7(ix)(c), it is submitted that if a candidate fails to meet the eligibility criteria for the promotion/selection, right is reserved by the respondent authorities to disqualify any candidate, at any stage.

7. Having considered the submissions made on behalf of the parties and taking note of the relevant provisions as contained under Clause 6(vi) of the notification dated 25^th February, 2025, this Court finds it apt to rely upon Clause 6(vi) and same is quoted below:

“6. Methodology and Other Norms:-

vi. The final Promotion/Selection Merit List will be based on total marks secured by the candidate out of 100 marks on the weightage comprising of [Written Test (65%), Qualification (10%), Experience (10%), and ACR (15%)]. Performance rating should be atleast “Good” for the last three (03) years under review i.e. 2021-2022, 2022-2023 and 2023-2024. “Average”, “Adequate”, “Barely Adequate” will not be considered Fit for Selection. Thus, applicants, who are not having desired Performance Rating for last 3 years as on the Cut-off date, will not