ORDER:

In this writ petition, the petitioner is challenging the action of the respondents in issuing the Corrigendum Ref.No.CRP/PER/R/2022/1531, dated 25.11.2022 and Corrigendum Ref.No.CRP/PER/R/2022/1542, dated 26.11.2022, as illegal, discriminatory, contrary to law and in violation of the principles of natural justice and consequently to direct the respondents to conduct the recruitment for filling up of vacancies of Under Manager E-2 Grade (Internal) strictly in accordance with the rules framed by the Board of Directors in the Executive Promotion Rules, 1998 as amended in 2014 and as prescribed in the Circular Ref.No.CRP/PER/R/2022/806, dated 24.06.2022 and to pass such other order or orders as this Court may deem fit and proper in the circumstances of the case.

2. Brief facts leading to the filing of the present writ petition are that the respondent Corporation has issued Circular Ref.No.CRP/PER/R/2022/806, dated 24.06.2022 for filling up various vacancies including Under Manager (E-2 Grade) Internal as per rules. Accordingly, call letters were issued vide Letter Ref.No.CRP/PER/R/2022/1509, dated 18.11.2022. According to the Circular dated 24.06.2022, the qualification/service prescribed was (i) Second Class Mine Manager’s Certificate of Competency (Coal) issued by the Director General of Mines Safety; and (ii) working as Head Overman/Overman/Mine Surveyor who have put in five years or more service in A1/A/B Grades in Supervisory Cadre or E- 1/E2 Grade of Executive Cadre. It is submitted that subsequently, the respondents have issued Corrigendum letters dated 25.11.2022 and 26.11.2022 by including the Mining Sirdar and Senior Mining Sirdar also respectively as eligible for submitting their applications and being considered for promotion. Challenging the same, the present writ petition has been filed.

3. Learned counsel for the petitioner submitted that vide interim orders dated 08.12.2022, the respondents were permitted to proceed with the recruitment process of the said vacancies, but the result of the same was subject to outcome of the writ petition. Accordingly, the examination was conducted and the results are awaited and are thus seeking a direction to announce the results and to complete the recruitment process.

4. Learned counsel appearing for the petitioners submitted that the rules as on the date of issuing the circular notifying the vacancies, have to be followed and cannot be changed until the recruitment process is completed. He submitted that rules of the game cannot be changed after the game has begun and the respondents herein have changed the service conditions/qualifications without amending the service rules. He submitted that the service conditions can be amended only by the Singareni Board and not by the Group of Directors.

5. Learned counsel for the petitioner further submitted that Board of Governors consists of the Directors from Central Government as well as State Government and the Chairman and Managing Director of the Singareni Collieries Company Limited and without the ascent of all the Directors, the service conditions could not have been amended. Therefore, he submits that the candidature of the candidates who possessed a service conditions as mentioned in the circular dated 24.06.2022 alone should be considered and the result should be announced and the recruitment process should be completed.

6. Learned Standing Counsel for the respondent Corporation, however relied upon the averments made in the counter affidavit and submitted that the Chairman and Managing Director has been delegated with the powers of recruitment and further that after issuance of circular, representations have been received from the Trade Unions to include a combined service as well and therefore, a resolution was passed to include the said services i.e., Mining Sirdar and Senior Mining Sirdar as well and the Corrigendum were accordingly issued. He submitted that the Corrigendum is only in respect of the service conditions an