COAL INDIA OFFICERS ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) As common questions of facts and law arise and also the commonality of the reliefs claimed in the above writ applications, all the above writ applications have been heard analogously.

(2.) For the sake of convenience, the facts as stated in W.P. No. 11558(W) of 1997 Basab Chowdhury v. Union of India, are being adverted to in this judgment and order. However, the contention of fact and law as urged by the learned appearing for the respective parties in all the above writ petitions have been taken note of.

(3.) The writ petitioners in W.P. No. 11558(W) of 1997 have challenged the notice dated 28th April, 1997 being Annexure 'G' to the writ application whereby the examinations held for First Class and Second Class Mine Managers Certificate of Competency and Overman' Certificate of Competency held at various centres in India during December, 1994 and April May, 1995, result of which declared in May, 1995 were cancelled with a direction for holding fresh examination. Based on these examination, statutory certificates are granted under the Coal Mines Regulations, 1957. The statutory examinations are conducted by the Board of Mining Examinations constituted under the Coal Mines Regulations. 5 The Director General of Mines Safety is the Ex officio Chairman of this Board. There are five (5) other members from the Mining Industry and teaching research institutions nominated by the Central Government to constitute the Board of Mining Examinations. The power to constitute and reconstitute the Board is vested in the Central Government. Every matter at a meeting shall be decided by the majority of the votes of the members of the Board present at such meeting. (Regulation 11(15)). Under Regulation (11)(17a), the Chairman has been conferred the power to take such action or pass such orders as are necessary to implement the decisions of the Board.