P. Manivannan and others v. Union of India represented by Secretary, Ministry of Industries and Commerce, New Delhi and another
2000-02-25
V.KANAGARAJ
body2000
DigiLaw.ai
ORDER: All the above four writ petitions though have been filed by different individuals, but against one and the same respondents on one and the same subject and hence on a joint consideration of all the above four petitions, a common order is passed. 2. Each of the above writ petitioners in their respective writ petitions would pray to issue a writ of mandamus forbearing the second respondent from ‘filling’ up the post of Diploma Engineer Trainee (Mechanical/Electrical/Civil) for which written test, interview, medical examination and police verification had also been done in the case of each of the petitioners herein and from proceeding with further recruitment to the same post. 3. Though the above matters have already been part heard on an earlier occasion when these matters came up for hearing and both the learned counsel were present and argued the matter, still, since they got posted for further arguments today, and no one appeared on behalf of the petitioners or the respondents, with the arguments heard already and in consideration of the pleadings and having regard to the materials placed on record, the following order is passed in these writ petitions. For the sake of easy reference, petition in W.P. Nos.21328 of 1992, 1575 of 1993, 1612 of 1993 herein are referred to as the first, second, third and fourth writ petitions respectively and the petitioners therein are referred to as the first, second, third and the fourth petitioners respectively. 4. In the affidavit filed in support of the writ petitions, the petitioners would submit that by individual letters in favour of the petitioners, the second respondent stating that they have been sponsored to them by the employment exchange for the post of Diploma Engineer Trainee (Mechanical/Electrical/Civil) and they were requested to appear for a written test on 25.3.1990 and 22.6.1990 respectively and all the petitioners accordingly with all their credentials appeared and they have also passed the examinations; that they were also subsequently called upon to attend to the interview on different dates and the petitioners would state that they did the interview well and they were asked to appear for the medical examination before the Industrial Medical Officer, Industrial Medical Cell, Department of Industrial Health and Occupational Diseases, General Hospital, Neyveli on 22.4.1992 and subsequent to the medical examination, the police verification for conduct and permanent address had also been done. 5.
5. While so, the petitioners would contend that while they have undergone all examinations, physical test, interviews and other scrutiny and having come out successful in the written and oral tests, each of them became eligible to be appointed Diploma Engineer Trainee (Mechanical/Electrical/Civil) and were awaiting the appointment with fervent hopes, but all of a sudden, the second respondent, without considering the appointment of any of the petitioners, had called for fresh candidates for written examination for the very same post of Diploma Engineer Trainee (Mechanical/Electrical/Civil). 6. The petitioners would call this act of the second respondent as arbitrary and without any reasons assigned and once again calling for written test for filing up the same post is non est in law and hence on such and other reasons assigned, the petitioners would ultimately pray for the relief as sought for in their respective writ petitions. This Court even at the stage of admission of the above writ petitions has ordered to reserve such post as per its order passed in W.M.Ps. concerned with each of the writ petitions. 7. In the counter affidavits filed on behalf of the second respondent, it would be contended that according to the notification to the employment exchanges addressed during September, 1990, a total number of 89 candidates were being sponsored by the employment exchanges and they were called for the written test to be conducted on 16.12.1990; that those who got through the written tests were asked to attend the interview during the period from 9.1.1991 to 11.1.1991 and a total number of 15 candidates were selected in the said interview; that a panel was prepared for recruitment and the selected candidates were being issued the orders of appointment depending upon the vacancies; that in this case, out of the empanelled selected candidates, a total number of 29 candidates have been considered for appointment during 1991, the remaining 21 empanelled candidates were not appointed immediately as there was no vacancy at that time; that these petitioners are also those among the 21 who were not appointed. 8.
8. It would further be submitted on the part of the second respondent that when further vacancies arose in March, 1992, a total number of 3 candidates out of the panel were sent for medical examination as a preparatory for recruitment, but however, before the orders of appointment could be issued, it was ascertained that among the local project candidates, certain qualified candidate, eligible for the said post were available and a realisation that a panel once formed will have a life only for a period of six months from the date of approval by the Competent Authority and further there had also been for the federation. of the Welfare of SC/ST Employees in NLC from operating the old panel and give an opportunity to the local project employees as per the provisions of the certified Standing Orders, it was decided not to operate the old panel and accordingly project and employment notifications were issued notifying qualified hands for selection. 9. The further averments of the counter affidavit is that a total number of 13 project candidates and 26 employment exchange sponsored candidates were selected subject to the written test held on 26.12.1992; that 16 candidates got through the written test were interviewed on the same day and a total number of 11 candidates were selected and appointment orders were issued to three project employed candidates and instructions have been given to one selected employment exchange sponsored outside candidate to undergo medical examination; that however, before the orders of the appointment could be issued to the selected employment exchange candidate, the petitioners with ulterior motive, have filed the writ petitions and have secured ex parte interim directions from this Court in W.M.Ps. filed along with the writ petitions. 10. The respondents further contending that the petitioners had been informed in no uncertain terms that there was no guarantee or commitment in the matter of their appointments and hence the appointment of the petitioners sought to be made in the corporation while resorting to new selection process is devoid of merit and on such and further contentions that there is no violation of any fundamental rights of the petitioners, the respondent would pray to dismiss the writ petitions with costs. 11.
11. Assessing the merit of the case as projected by the petitioners through their pleadings and by the second respondent in his counter and having regard to the materials placed on record, what comes to be known is that for filling up the posts of the Diploma Engineer Trainee (Mechanical/Electrical/Civil) qualified hands been requested by the second respondent herein and as a result of which the Employment Exchange, Neyveli, has sponsored the names of the petitioners directing them in the proforma enclosed to submit their credentials like the S.S.L.C., T.C., all semester mark sheets, original diploma or provisional diploma, community certificates, experience certificates, etc. and at the instance of the second respondent by his letter, the petitioners have been subjected to participate in the written tests and after passing out the same, they have been called to attend to the interview calling upon them to submit their original records together with the no objection certificate, community certificate, etc. the second respondent had also directed the petitioners to attend to the medical examination before the Industrial Medical Officer, Industrial Medical Cell, Department of Industrial Health and Occupational Diseases, General Hospital, Neyveli and at the appointed hour since the petitioners were present there, they have been medically examined and ultimately even for the police verification on certain aspects regarding the conduct and address of the petitioners since being over and ultimately, on verification of the community certificate, the petitioners were hopeful that they would all be appointed to the said job and were expecting the appointment orders with fervent hopes and much to their shock and dismay, they were given to understand that for filling up the same posts, the second respondent had called fresh hands from various sources and hence the petitioners would come forward to seek the remedy to forbear the second respondent from filling up the said posts by any other means excepting from the selection process already completed with the petitioners having participated throughout and would pray for the reliefs sought for in the writ petitions. 12.
12. On the part of the respondents, absolutely there is no denying of anything contained in the writ petition as contended by the petitioners, but what this respondent tries to impress upon this Court is that it was ascertained that among the project candidates, certain candidates were eligible for the said posts and that there was also objections from the Federation of the Welfare of SC/ST Employees in Neyveli Lignite Corporation for operating the old panel and that it was a late realisation; that once a panel has been formed, it will have a life only for a period of six months and hence it decided not to operate the old panel and notifications were issued notifying qualified candidates afresh. 13. There is absolutely no pith or substance in the arguments of the respondent repelling the contentions that are put forth on the part of the petitioners. They have been not even denied by the respondents, the respondents have absolutely no reason to go back on their original stand and commitments made and the reasons assigned for fresh notifications to be issued notifying fresh hands to be selected being either false or flimsy, it is and absolutely bereft of any legal backing and the commitments once made by the corporation instilling confidence in the minds of the candidates who participated in all the exercise for being selected to the post, the Corporation has no business to come forward to say that they have all gone with the wind and at their own pleasure and for the pleasure of some local employees association, they have empanelled new hands dropping the selection of those such as the petitioners like hot potatoes. 14. Further, the other argument that the selection panel once formed will have a life only for a period of six months from the date of approval by the Competent Authority is only a hoax and not mandatory, nor is it a statutory provision of law.
14. Further, the other argument that the selection panel once formed will have a life only for a period of six months from the date of approval by the Competent Authority is only a hoax and not mandatory, nor is it a statutory provision of law. If at all such a rule could be adopted only for expediting the selection procedures and for completing the whole process in a time bound manner, such an internal rule of regulation could be adopted and the same cannot be taken advantage of by the respondents for denying the genuine rights of the candidates like the petitioners and hence, it cannot in any manner stand an obstacle or serve as an excuse for the petitioners in doing justice for the genuine candidates like the petitioners. 15. There is absolutely no justification in the arguments put forth in favour of the second respondent’s actions of having issued fresh notifications leaving the already selected candidates, such as the petitioners and in these circumstances, the only irresistible conclusion that could be arrived at in this regard is to concede the request of the petitioners praying to forbear the second respondent from filling up the posts of Diploma Engineer Trainee (Mechanical/Electrical/Civil) etc. for which the written tests, interview, medical examination and police verification had already been over particularly in the case of the petitioners further forbearing the second respondent from proceeding with the selection of any other candidate prior to the appointment of the petitioners is made. In result, all the above writ petitions succeed and they are allowed. The respondents are directed to issue orders of appointment in compliance of the selection held already relating to the petitioners in a period of two months from the date of receipt of a copy of this order. However, in the circumstances of the case, there shall be no order as to costs. Consequently, W.M.P. Nos.30717 of 1992, 2470, 2538 and 26003 of 1993 are closed.