K.VIGNESH vs NLC INDIA LIMITED - 2025 Supreme(Online)(Mad) 75854

Headnote:(A) Service Law - Recruitment - Cancellation of Provisional Appointment - Work Experience Certificate - Evidentiary Value - When employers of a candidate have confirmed the genuineness of work experience certificates issued by them, the mere non-availability of data with end-user organizations (where the candidate was allegedly deputed) cannot be the sole basis to conclude that the certificates are bogus or to cancel the candidature. Such action is arbitrary and unsustainable. (Paras 7, 8)

(B) Natural Justice - Opportunity of Hearing - An order cancelling a provisional offer of appointment on grounds of discrepancy in work experience details, without giving the candidate a chance to explain, is liable to be set aside if the employers' confirmation of the certificates remains unrebutted.

Facts of the case:
The petitioner, belonging to a Scheduled Tribe, applied for the post of Executive Engineer (Civil) under a notification. After clearing the screening test, document verification, and interview, he was provisionally selected. A provisional offer of appointment was issued. Subsequently, the respondent (NLCIL) withdrew the offer by an impugned order, alleging discrepancies between the work experience details furnished in the current application and an earlier application. The respondent verified with the petitioner's previous employers (M/s.Standard Rehabilitators Private Limited and H20 Engineering & Technologies), who confirmed the certificates were genuine. However, further verification with end-user sites (Kutch Thermal Power Plant and Sikka Thermal Power Plant) revealed that no records of the petitioner's deputation were available. On this ground, the respondent cancelled the provisional offer.

Findings of Court:
The court held that when the employers themselves have verified and certified the documents as genuine, the mere non-availability of data with the end-users does not invalidate the petitioner's employment or work experience. The impugned order was arbitrary and unjustified. The court set aside the cancellation order and directed the respondent to issue the provisional offer of appointment.

Issues: Whether the non-availability of records with end-user organizations can override the employers' confirmation of genuine work experience certificates, thereby justifying cancellation of a provisional appointment.

Ratio Decidendi: The genuineness of work experience certificates is primarily established by the issuing employers. Absent any evidence of fraud or collusion, the absence of records at end-user sites does not negate the validity of the certificates, especially when the employers have confirmed their authenticity. Cancellation on such a flimsy ground is unsustainable.

Result: Writ Petition allowed. Impugned order dated 20.03.2025 set aside. Respondent directed to issue Provisional Offer of Appointment to the petitioner expeditiously.

Legal Category Hierarchy

1. Petitioner claims employer-confirmed certificates valid; respondent argues false particulars and discrepancies in prior applications. (Para 4 , 5 )

2. Impugned order set aside; respondent directed to issue final offer of appointment. (Para 8 )

3. Can a provisional offer of appointment be cancelled solely because end-user organizations have no record of deputation, when the employers have confirmed the work experience certificates?

No, such cancellation is arbitrary; employers' confirmation of genuineness cannot be disregarded based on end-user data unavailability. (Para 7 )

ORDER

This writ petition has been filed, challenging the impugned order dated 20.03.2025 passed by the second respondent and seeking to quash the same; consequently, to direct the second respondent to issue Final Offer of Appointment to the petitioner as Executive Engineer (Civil) in E4 Grade, within a time frame to be fixed by this Court.

2.The case of the petitioner is that he belongs to the Hindu Paniyan Community which is a Schedule Tribe. After completing his SSLC in 2009, he pursued the Higher Secondary Course and successfully completed the same in March 2011. Thereafter, he was admitted to the B.E (Civil Engineering) in National Institute of Technology, Tiruchirappalli, which he successfully completed in 2015. After completion of his higher education, the petitioner worked as a Project Engineer, Quality Engineer, and Site Engineer in various private limited companies from 2015 to date, gaining substantial onsite and practical experience. Wherever he worked, he performed to the fullest satisfaction of his superiors. Whileso, the petitioner participated in the selection process for direct recruitment to the post of Executive Engineer (Civil) [E4 Grade] under Civil [Mines], as per the notification published by the second respondent dated 05.07.2023 for filling up 20 vacancies. The reservation for the said post was notified as UR-08, EWS-01, OBC-05, SC-04 & ST-02. The petitioner possess all the qualifications for the said post as specified in the notification and as he belongs to a Schedule Tribe, he applied online for the post of Executive Engineer (Civil) [E4 Grade] by uploading the necessary certificates as required. Thereafter, the petitioner received a Call Letter-cum- Admit Card for Screening Test dated 10.02.2024, whereby, he was required to appear for a Screening Test to be held on 24.02.2024. Accordingly, he appeared for the said Screening Test, which was conducted in writing on the appointed date, and performed to the best of his abilities. Subsequently, he was provisionally Shortlisted in Sl. No.47 for Document Verification held on 26.02.2024 followed by an interview on 27.02.2024. Thereafter, on 29.02.2024, the second respondent published the result of the selection process whereby, 20 candidates were declared provisionally selected for the post of Executive Engineer (Civil)/Mines [E4 Grade]. However, in the said list, two candidates were selected under the Schedule Tribes category as notified. The petitioner was not selected at that stage. Subsequently, the petitioner came to know that out of the two selected candidates under the Schedule Tribes category, one Dhanavath Chandru did not report for duty and consequently, being the No.1 candidate available under the ST category on the wait list panel, the petitioner's name was considered. As such, the second respondent issued a Provisional Offer of Appointment letter dated 23.08.2024 for the post of Executive Engineer (Civil) in E4 Grade, to the petitioner. As he was required to submit his acceptance of the offer, the petitioner duly submitted the Acceptance Letter and Declaration on 29.08.2024 to the second respondent. Subsequently, he was required to appear for pre-employment Medical Examination in the NLC and he took part in the said Medical examination on 13.09.2024 and was found to be medically fit. Though the petitioner had fulfilled all the conditions set out in the provisional appointment letter dated 23.08.2024, he was not issued the final offer of appointment by the second respondent. As such, the petitioner approached the office of the second respondent in person and on his enquiry, he was informed that the process of verification of community certificate was under way and once the same is completed, he would be issued the final offer of appointment. As the above said reason for the delay in issuing the final offer of appointment was unreasonable and illogical, the petitioner made a representation on 28.10.2024 through a email to the second respondent to i

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2025 Supreme(Online)(Mad) 75854

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M.DHANDAPANI
K.VIGNESH – Appellant
Versus
NLC INDIA LIMITED – Respondent
W.M.P No.16051 of 2025 | W.M.P No.31408 of 2025

When employers confirm genuineness of work experience certificates, non-availability of records with end-users is insufficient to cancel provisional appointment.

Legal Category Hierarchy

Table of Contents

3. Can a provisional offer of appointment be cancelled solely because end-user organizations have no record of deputation, when the employers have confirmed the work experience certificates?

2025 Supreme(Online)(Mad) 75854

IN THE HIGH COURT OF JUDICATURE AT MADRASHonourable Mr Justice M.DHANDAPANIK.VIGNESH – AppellantVersusNLC INDIA LIMITED – RespondentW.M.P No.16051 of 2025 | W.M.P No.31408 of 2025

When employers confirm genuineness of work experience certificates, non-availability of records with end-users is insufficient to cancel provisional appointment.

Legal Category Hierarchy

Table of Contents

3. Can a provisional offer of appointment be cancelled solely because end-user organizations have no record of deputation, when the employers have confirmed the work experience certificates?

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M.DHANDAPANI
K.VIGNESH – Appellant
Versus
NLC INDIA LIMITED – Respondent
W.M.P No.16051 of 2025 | W.M.P No.31408 of 2025