BISWAJIT MAJI Vs. COAL INDIA LTD.

JUDGEMENT

(1.) The challenge is made to a recruitment process for the post of Security Guard -Technical and Supervisor Grade 'G' undertaking by the Eastern Coalfield Limited, the respondent no.2 herein, being the subsidiary of the Coal India Limited, the respondent no.1 herein, which is a Government of India undertaking, commenced on the basis of the advertisement/ notice no.1 of 2011 published on 25.06.2011. By the said notice, the applications were invited from Ex -Army/Ex -BSF personnel or NCC B&C Certificate Holder or Sportsman of All India repute for the above post. 215 vacancies were notified in the said notice and the eligibility criteria relating to qualification was indicated as matric or equivalent examination from any recognized Board or examination. The different age limits were also provided for the candidates under the General, O.B.C & SC/ST.

(2.) THE general instructions appended to the said notice require the application to be filled up either in English or in Hindi. A corrigendum was issued by the General Manager (MP & IR) on the last date for submission of the application i.e. 12.07.2011 relaxing the upper age limit for Ex -Army personnel and extending the last date for submission of the application till 14.08.2011. Pursuant to the said advertisement, 16,400 applications were received by the respondent no.2 and 2580 applications were found in order in terms of the eligibility criteria indicated in the said employment notice.

(3.) THE petitioners have argued that certain favoured candidates have been included in the second list published by the respondent no.2 who do not figure in the first list. It is further submitted that there has been an alteration of the conditions in the middle of the recruitment process with clear motive to favour certain candidates who were otherwise ineligible to participate in the recruitment process in terms of the original advertisement. It is strenuously argued that where a serious allegations relating to unfair means adopted by the selection committee is evident, the selection process is required to be cancelled and/or revoked. Lastly it is submitted that it is a clear case of discrimination as the candidates who were ineligible were allowed to complete with the eligible candidates thereby offending Article 16 of the Constitution of India. In support of the aforesaid contentions, the following decisions are cited: