MANIKANTA GOSWAMI Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) . - The petitioner is questioning the employment notice published by Coal India Limited on Feb. 13, 2005 inviting applications for management trainee (mining) against one hundred ninety-six (SC 136 and ST 60) notified vacancies. Case of the petitioner is that steps taken for filling all the one hundred ninety six notified vacancies by reserved category candidates is violative of provisions of Art. 16(413) of the Constitution of India.

(2.) Sometime in May 2001 Coal India Limited published an employment notice inviting applications for recruiting and appointing management trainees. In response thereto the petitioner applied for the post of management trainee (mining). He participated in the selection process, and his case is that he was selected for appointment. However, he did not get any appointment. When the impugned employment notice was published on Feb. 13, 2005 he approached this Court with this writ petition contending that Coal India Limited was under the obligation to act upon the previous recruitment process.

(3.) Council says that Coal India Limited was not empowered to initiate the recruitment process for filling all the one hundred ninety six available vacancies by reserved category candidates. He criticizes the manner in which the company dealt with the situation in connection, with the previous recruitment process. As to the case made out in the opposition of the company (its application for modification of the interim order CAN 7243 of 2005 was directed to be treated as its opposition to the writ petition), his submission is that the company was not empowered to carry forward the backlog reserved category vacancies from the year 1989. He argues that when by letter dated Oct. 22, 2003 the appropriate authority directed the company to take steps for recruitment of management trainees in mining and also for filling the backlog vacancies for reserved category candidates, no justification has been given by the company why the panel prepared in connection with the previous recruitment process was to acted upon, or any a recruitment process was not simultaneously initiated for recruiting general category candidates.