A. K. Banerjee v. Coal India Ltd. , through its Chairmancum Managing Director, Calcutta
2012-06-27
ALOK SINGH
body2012
DigiLaw.ai
JUDGMENT Applications for the post of Labour Welfare Officer (Trainee) were invited in the year 1997 for which requisite qualification was to have Diploma in the Personal Management from the Institute recognized by the Central Government. Undisputedly, petitioners were having Diploma in Personal Management from National Institute of Personal Management (N.I.P.M.), Calcutta, but they were not allowed to sit in the examination on the ground that N.I.P.M., Calcutta was not recognized by the Central Government. However, petitioners were provisionally allowed to appear in the examination pursuant to the order dated 16.09.1998 passed by High Court in C.W.J.C. No. 2025 of 1997(R). 2. Perusal of the order dated 16.09.1998 passed by Patna High Court in C.W.J.C. No. 2025 of 1997(R) would reveal that a statement was made before the High Court to the effect that matter regarding recognition of the diploma issued by N.I.P.M., Calcutta was under consideration before the Apex body of the Organization of the Coal India Ltd. 3. In view of the statement made before the Court, Court was pleased to pass the order that let the decision be taken by the Apex Organization on the issue of recognition of the diploma issued by N.I.P.M., Calcutta and till decision is not taken, candidature of the petitioners should not be discarded. 4. Thereafter, in C.W.J.C. No. 1259 of 1999 (R), this Court vide order dated 22.07.2003 has directed the respondents to take decision for publication of the result of petitioners in view of the notification said to have been issued by the Central Government dated 07.10.2001. 5. Undisputedly, the Central Government vide notification dated 07.10.2001 has recognized the diploma issued by N.I.P.M., Calcutta. 6. Perusal of the impugned order (Annexure7 to the writ petition) would reveal that Coal India Ltd. has refused to publish the result of the petitioners by observing that on the date of application for the post of Labour Welfare Officer (Trainee) in the year 1997, diploma issued by N.I.P.M., Calcutta was not recognized, and the order passed by Patna High Court dated 16.09.1998 directing the Apex body of the Organization to take decision on the question of recognition of the diploma will serve no purpose because recognition was to be granted by the Central Government not by the Apex body of the Organization of the Coal India Ltd. 7.
Learned counsel appearing for the petitioners has vehemently argued that since result was not published, awaiting the decision on the question of recognition, therefore, after grant of recognition by the Central Government on 07.10.2001, result ought to have been declared considering the petitioners having requisite qualification. 8. It seems that in C.W.J.C. No. 2025 of 1997(R), learned counsel appearing before the Patna High Court has not placed correct fact before the Court to the effect that recognition was to be granted by the Central Government and not by the Apex body of the Organization of the Coal India Ltd. Since wrong facts were placed before the Patna High Court to the effect that recognition matter was pending for disposal before the Apex body of the Organization, therefore, Court believing the statements of the parties, has disposed of the writ petition saying candidature of the petitioners would not be discarded till decision is taken by the Apex body of the Organization. 9. In the opinion of this Court, since Central Government was the only competent body to grant recognition to the diploma and recognition was granted in 2001, therefore, petitioners were not having requisite diploma from the recognized Institute, as such, they had rightly been not allowed by the respondents to appear in the examination, which was to be held in 1997. Permitting the petitioners to appear in the examination provisionally by this Court does not mean that result has to be declared even if petitioners are not having requisite diploma from the recognized Institution on the date of application. 10. Since the petitioners were not having requisite qualification on the date of application and examination in the year 1997, therefore, no direction can be issued to the respondents to publish the result because diploma by N.I.P.M., Calcutta has now been recognized by the Central Government w.e.f. 07.10.2001. Notification of the Central Government dated 07.10.2001 recognizing the diploma shall have prospective effect and cannot be given effect from the retrospective date w.e.f. 1997. 11. In view of this, no relief can be granted to the petitioners. The writ petition is liable to be dismissed. 12. However, it is made clear that since the diploma issued by N.I.P.M., Calcutta, has been recognized w.e.f. 07.10.2001, therefore, petitioners, if otherwise, eligible may apply in the subsequent examination.