O R D E R (O R A L)

S.K. SINHA, MEMBER [A]

1. OA is at notice stage hearing. Shri P. K. Pandey and Shri Prabhat Kumar have appeared for Respondent No. 1 and Respondent No. 2-4 respectively, having received advance copy of the OA.

2. OA has been preferred by 11 applicants. MA 12/2024 has been preferred for joining of the applicants. MA is allowed.

3. Applicants’ case as set out in the OA is that Steel Authority of India Limited published an advertisement on 15.03.2023 (Annexure 1) inviting applications for recruitment various posts including Mining Sirdar in Bokaro Steel Plant, SAIL Refractory Unit and Sail Collieries Division. Minimum qualification required for the post of Mining Sirdar (Grade-S1) was Matriculation Certificate from a recognized Government Institute with Mining Sirdar’s certificate of competency from DGMS under CMR along with valid Gas Testing and First Aid Certificate. Candidates were also required to have one year experience Patna Bench in relevant field after obtaining Mining Sirdar’s certificate of competency. Applicants in the OA possessed the Matriculation certificate from a Government Recognized Institute and also Overman’s Certificate and valid Gas testing and First Aid Certificate. They also had one year experience. Being eligible, they applied for the post of Mining Sirdar and admit cards were issued to them. They appeared in the online examination held on 25.03.2023 and based on their performance, they were declared successful. Call letters were issued to them to appear at GVTC Chasnalla, Dhanbad on 12.10.2023 for Skill/ Trade test. When applicant went to GVTC Chasnalla, Dhanbad, on the assigned date for Skill/ Trade test, the authorities there did not allow them to participate in the test on the ground that they did not possess the required Mining Sirdar’s Ceritificate. Aggrived by denial to appear in the Skill/Trade Test, applicants preferred this OA. Their prayer in the OA reads as under:-

“Your Lordships may graciously be pleased to allow the application of the Applicants and may pass necessary order/orders ,direction /directions commanding the Concern Respondents to allow the Applicants to appear in Skill /Trade Test for the post of Mining Sirder (Grade -S-1) because Applicants have possess Cverman's Certificate together with Gas testing Certificate and fully eligible for the post of Mining Sirder (Grade-s-1) as per Rule 247 of the Coal Mines Regulation, 2017.”

4. Heard. Counsel for applicant submits that the applicants had requested Director, SAIL Bokaro Still Plant through representation on 12.10.2023 to allow applicants and other similarly placed candidates to appear in the Skill/Trade Test. Ld. Counsel further submits that the Overman’s Certificate is a higher degree than the Mining Sirdar’s Patna certificate and as per Coal Mines Regulation No. 247, the jobs on Bench which Mining Sirdar Certificate can be accepted, Overman’s Certificate will also be acceptable. He submits that the applicants were required to be considered for the post of Mining Sirdar as advertised but respondents have arbitrarily rejected applicants’ case. Ld. counsel requests that the respondent authority be directed to consider the representation of applicants and take a decision. Ld. Counsel further submits that in Western Coalfields and other divisions under Ministry of Coal, the qualification required for the post of Mining Sirdar includes the certificate of certificate of Overman. He submits that applicants are eligible for consideration to the post of Mining Sirdar advertised on 15.12.2023.

5. Counsel for respondents submits that the advertisement was issued on 15.03.2023 and the selection process must have been concluded. Applicants’ filed this OA in December, 2023, Representation filed by applicants is also non-specific and vague.

6. At this stage, counsel for applicant submits that applicants may be given liberty to submit fresh representation bringing the complete facts to Respondent and the OA may be disposed of with