Oil and Natural Gas Corporation Ltd. v. Imdadur Rahman Rajkhowa and Ors.
2001-08-24
B.B.DEB, R.S.MONGIA
body2001
DigiLaw.ai
R. S. Mongia, C. J. (Acting). — Heard Mr. PK Roy, learned counsel for the appellant and Mr. AK Goswami, learned counsel appearing for the respondents. 2. The writ petitioners, three in number (now respondents) were the applicants for the posts of Junior Fire Supervisor and Junior Fireman in the Oil and Natural Gas Corporation Ltd (ONGC). One of the requirements of physical standard was that the height should be not less than 5' 6" inches. It has been stated by the learned counsel for the appellant that the suitability of the candidates initially is judged on the-basis of written examination, practical tests and interview. In the instant case, all the candidates were called for written tests. The candidates who qualified in the written tests were shortlisted in the ratio of 1 : 5, to be called for subsequent practical efficiency tests. In other words, the candidate who qualified in the physical standards would be permitted to appear in the driving test and the candidate, who qualified in the driving test would be called for physical efficiency test, and so on. The writ petitioners did not have the minimum prescribed height and consequently they were ousted at the stage of the physical tests and they were not put to further tests. Not only the writ petitioners, but all those who did not conform to the minimum standard of height, or some other physical standard, were ousted at, that stage. It may be observed here that the physical standard test was held on 16.9.2000. The petitioners challenged the action of the respondents (now appellant) in ousting them from consideration for the posts by filing Writ Petition (Civil) No.5686 of 2000. , 3. During the pendency of the writ petition, the Superintending Engineer (E&T), Dehradun, issued an order dated 5.12.2000, which was addressed to the Regional Director, Nazira, whereby the minimum height of 5' 6" for recruitment of Junior Fire Supervisor and Fireman was reduced to 5' 4". On the basis of the aforesaid order of the Superintending Engineer, dated 5.12.2000, the learned Single Judge of this Court, vide order dated 16.3.2000 disposed of the writ petition by passing the following order: "The dispute involved in this writ petition related to recruitment to the post of Junior Fire Supervisor in ONGC establishment.
On the basis of the aforesaid order of the Superintending Engineer, dated 5.12.2000, the learned Single Judge of this Court, vide order dated 16.3.2000 disposed of the writ petition by passing the following order: "The dispute involved in this writ petition related to recruitment to the post of Junior Fire Supervisor in ONGC establishment. The grievance of the petitioner is that in the advertisement the requirement of height for the post of Junior Fire Supervisor was fixed at 5' 6" inch. During the pendency of this Rule, it is submitted by both sides that now the requirement of height has been relaxed and it has been ..refined at 5' 4" inch. Considering the fact that the requirement has been relaxed, the petitioner has come within the zone of consideration. Accordingly, the petition is disposed of with a direction to the respondents to consider the case of the petitioner and others if they satisfy the requirement of 5' 4" inch height. The petition is deposed," 4. The Oil and Natural Gas Corporation Ltd, ERBC, Nazira, has come up in appeal. 5. It is, inter alia, Contended "by the learned counsel for the applicant that in fact the order of the' Superintending- Engineer," dated 5.12.2000, 'could not We made applicable retrospectively and it could only apply to ally selection which, was to be made after 5.12.2000. It was further submitted that the process of selection had already been completed prior to 5.12.2000 and not only the writ petitioners, but many other candidates had been ousted from the consideration for the next test on the basis of not conforming to the standard of height. If the case of the writ petitioners is to be considered, the person who were ousted on the basis of height would have to be recalled and the whole process would have to be gone into again. 6. Mr. AK Goswami, learned counsel for the writ petitioners (now respondents) who has put" in appearance, could not persuade us to hold that the order of the Superintending Engineer dated 5.12.2000 reducing the height for the posts in question from 5' 6" to 5' 4" should be made applicable to the selection process prior to 5,12.2000. It is by now well Settled that all administrative orders can be made applicable prospectively and not retrospectively.
It is by now well Settled that all administrative orders can be made applicable prospectively and not retrospectively. It is only a legislative -act which can be made applicable retrospectively if the Legislature shows its intention for it to be so. 7. Apart from what has been observed above, when the applications were invited and requisition sent to the Employment Exchanges for the posts in question, the height prescribed for the posts was 5' &\ Those persons who were less than 5' 6" may not have applied or their cases might not have been sponsored by the Employment Exchanges as they did not conform to the minimum standard of height. The eligibility of a candidate regarding qualifications etc, which would include the physical standard, has to be seen as on the last date of the submission of the applications. 8. For the foregoing reasons, we do not find that the learned Single Judge was correct in law in directing the appellant to consider the case of the writ petitioners for the posts m question on the basis of the new standard of height laid down on 5.12.2000. Consequently, the appeal is allowed and the judgment of the learned Single Judge, dated 16.3.2001 is hereby set aside.