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2010 DIGILAW 2318 (ALL)

Mithlesh Kumar and another v. Union of India through Chief General Manager Dur Sanchar East, U. P. Head Office, Lucknow and others

2010-08-03

ARUN TANDON

body2010
Arun Tandon, J.: - Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. Petitioners before this Court are two in number. They have set up a claim that they have to their credit experience of working of telegraphy (Mouresh Set) and they are eligible for being appointed in the Irrigation Department of the State of Uttar Pradesh as Singlar. Appointment on the said post of Singlar in the irrigation department of the State of Uttar Pradesh is admittedly regulated by the Uttar Pradesh Irrigation Department Singlars and Telephone Munshi Service Rules, 1954 (hereinafter referred to as the Rules, 1954). Rule-9 of Rules, 1954 provides for essential qualifications for appointment as Singlar referable to Rule-5 (A) (1) by direct recruitment. Rule 9 (2) of Rules, 1954 provides that candidate must have passed examination in Telegraphy of the Post Office and Telegraphy Department. Petitioners therefore, made an application for the examination in telegraphy being held by the Telegraph Department which has now been merged with the Bharat Sanchar Nigam Ltd.. 3. The application of the petitioners for holding telegraphy examination has been rejected by the Assistant General Manager, Telegraphy, Bharat Sanchar Nigam Ltd., Lucknow by means of the order dated 4th March, 2010 on the plea that the administration of Bharat Sanchar Nigam Ltd. has decided not to hold such examination as they have no manpower or equipments necessary for the purpose. It has been recorded that in the change scenario of advance technology of communication, all telegraphy houses have been converted into WTMS (Web system). Therefore, in absence of suitable persons to hold examination, material and machines, no such examination of telegraphy can be held. 4. This order of the Bharat Sanchar Nigam Ltd. is being challenged by means of the present writ petition and what is relied upon is an interim order passed by this Court dated 14th October, 2008 passed in Civil Misc. Writ Petition No. 52810 of 2008, which provides that the Chief Superintendent, Kendriya Post Telegraph, Bharat Sanchar Nigam Ltd., Vidhansabha Marg, Kendriya Targhar, Lucknow shall hold examinations for the said petitioners within six months. Petitioners seek similar interim order. 5. Having considered the submissions made by the learned learned counsel for the parties and having examined the records of the present writ petition, I find that no case is made out for grant of any mandamus as has been prayed for. Petitioners seek similar interim order. 5. Having considered the submissions made by the learned learned counsel for the parties and having examined the records of the present writ petition, I find that no case is made out for grant of any mandamus as has been prayed for. 6. Nobody can insist upon an independent body, like the Bharat Sanchar Nigam Ltd., which is an undertaking of the Central Government, to hold examination of telegraphy, so as to make a person qualified appointed in the Irrigation department of the State of Uttar Pradesh. The Bharat Sanchar Nigam Ltd. is under no legal obligation either from the State or from the Irrigation Department to hold any such examinations. If for good and valid reasons, the Bharat Sanchar Nigam Ltd. has decided to not to hold any examination, as noticed above and as is further reflected from the Letter dated 26th May, 2010 issued under the Right to Information Act, 2005 enclosed as Annexure-5 to the writ petition. Bharat Sanchar Nigam Ltd. cannot be insisted upon to hold any such examination after a decision has been been taken by it to close the holding of such examinations in the changed scenario, 7. If a particular department has no manpower or the equipments to hold such examination of telegraphy, this Court fails to understand as to how a mandamus can be issued for conducting the examination on the ground that it will enable the petitioners to be appointed in the Irrigation Department of the State of Uttar Pradesh. It is for the State Government to decide as to whether it will hold its own examination for the purposes or not. 8. There cannot be any insistence for an independent corporation to hold examination for the candidates like the petitioners. 9. The present writ petition lacks merit and is accordingly dismissed.