AMITAVA BHATTACHARYA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS application under Art. 226 of the constitution of India is directed against certain actions taken by the respondent No. 3. The New India Assurance Co. Ltd. (hereinafter referred to as " the respondent-company ") in respect of recruitment of certain persons.

(2.) THE facts of this case, so far as they are relevant for the purpose of disposal of this case, are as follows :

(3.) THE petitioners before me are some of the candidates who appeared in the said pre -recruitment tests but could not succeed. Accordingly they are not eligible candidates within the meaning of the said procedure and they are not or will not be called for interview under para 22. The grievance of the petitioner is that the provisions of the said paragraph 17 of the procedure have not been complied with by the respondent-company. It is stated that the said paragraph 17 of the procedure requires pre-recruitment tests before the question of interview under paragraph 22 arises. It is stated that no candidate can be treated as an eligible candidate unless he had been successful in such pre-recruitment test. The admitted position is that in respect of 45 persons this procedure has not been followed. The allegation is that in spite of the same these 45 persons are going to be called for interview and that they have been treated as eligible candidates for final selection. Under the said procedure only the eligible candidates may be interviewed by the Committees, constituted by the appointing authority, for final selection. Not having appeared and passed in the pre-recruitment written Test, none of these persons can be treated as an eligible candidate.