MANOJ KUMAR KANWAR Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) By the present writ petition, the petitioners are questioning the advertisement dtd. 8/4/2026, particularly Clause 04 contained in Table-C thereof, whereby no adequate upper age relaxation has been granted to the UR/EWS category candidates despite that the matter is under consideration of respondent No.3/ Coal India Limited (CIL) vide letter dtd. 22/7/2025 in view of outbreak of COVID-19 Pandemic situtation. The petitioners further seek a direction to the respondents to suitably modify the said clause by granting additional upper age relaxation for recruitment to the post of Mining Sirdar.

(2.) Learned counsel for the petitioners submits that the petitioners, who are aspirants for appointment to the post of Mining Sirdar pursuant to Advertisement No. 166 dtd. 8/4/2026 issued by SECL, are aggrieved by Clause 04 contained in Table-C of the said advertisement whereby no adequate upper age relaxation has been granted despite the fact that earlier the benefit of age relaxation of 5 years extended vide communications dtd. 25/8/2016 (Annexure P-4). He further submits that due to non- conduct of examinations for several years, many eligible candidates have become overage and have been deprived of an opportunity to participate in the recruitment process. Learned counsel would also contend that the impugned advertisement is contrary to the statutory provisions as well as the policy decisions of the respondent authorities and, therefore, the same is arbitrary, discriminatory and violative of principle of natural justice.

(3.) On the other hand, learned counsel appearing for the respondents opposes the submissions advanced on behalf of the petitioners and submits that the circular/notification dtd. 25/8/2016 issued by CIL granting age relaxation for appointment to the post of Mining Sirdar and Overman was only a one-time relaxation granted to the candidates. He further submits that the said notification itself provided that the benefit of relaxation would be applicable only once and the process of direct recruitment pursuant thereto was to be circulated/published and completed within a period of one year. According to learned counsel, the effect and operation of the said notification has already expired long back. Learned counsel further submits that the petitioners had already participated in the recruitment process initiated by SECL in the year 2023 for the post of Mining Sirdar and, therefore, at this juncture they are not entitled for claiming the benefit of age relaxation. Hence, the present writ petition deserves to be dismissed.