SUSANTA KUMAR PATEL Vs. UNION OF INDIA

JUDGEMENT

(1.) A common issue, which would resolve the real dispute between the parties, arises in all these four writ petitions and, therefore, all these writ petitions are accordingly disposed of by this common judgment with consent of the learned counsel for the parties.

(2.) The Union of India and others by filing two writ petitions in W.P.(C) Nos. 18136 and 18155 of 2021 have challenged the common order dtd. 22/1/2021 passed in O.A. No. 290 of 2020 and O.A. No. 303 of 2020, by which the Central Administrative Tribunal, Cuttack Bench, Cuttack (hereinafter referred to as the 'Tribunal') has ordered to declare the result of the petitioners (hereinafter referred to as the 'applicants') in both the OAs, who are arraigned as opposite parties in these two writ petitions for the written examination of Limited Departmental Competitive Examination (hereinafter referred to as 'LDCE'), 2020 and considered them for promotion in accordance with law, along with similarly placed candidates, whereas Union of India and others by filing the writ petition in W.P.(C) No.5573 of 2023 have assailed the interim order dtd. 14/2/2023 passed by the Tribunal in M.A. No. 72 of 2023 arising out of O.A. No. 730 of 2022 deferring to conduct LDCE, 2022 for one month, but Four Employees working as Skilled Technicians in the Ordinance Factory of Badmal(OFBL) by filing W.P.(C) No. 4342 of 2024, have assailed the interim order dtd. 24/1/2024 passed by the Tribunal in M.A. No. 457 of 2023 arising out of O.A. No. 730 of 2022 refusing to issue any direction to the respondents therein for declaration of their result.

(3.) Briefly stated, the relevant facts involved in these writ petitions are that the opposite parties in WP(C) Nos. 18136 and 18155 of 2021 (hereinafter referred to as the 'Applicants') are working as the Highly Skilled Technicians in Ordinance Factory of Badmal(OFBL). On 17/8/2015, the Secretary, Ordinance Factory Board issued a Circular for creation of better facilities in all Ordinance Factories for providing evening classes of Diploma Course for exploring opportunities amongst the Skilled Technicians for appearing in the LDCE for the post of Chargeman (Tech.& Non-Tech.). Accordingly on 23/5/2016, the General Manager(GM), OFBL issued a circular inviting Technical Institution for providing Diploma Course within the factory premises, and one institute namely SITE came forward, but it could not be materialized, however, another circular was issued on 2/6/2016 and in response to such circular, one institute namely Gandhi Institute of Science and Technology (GIST) offered to provide Diploma Course to the Skilled Technicians working in OFBL by providing evening classes approved by (All India Council For Technical Education) AICTE and the Skilled Technicians of OFBL were asked to attend the Counseling for admission into aforesaid Diploma course. The applicants-cum-Highly Skilled Technicians sought for NOCs and accordingly, they were granted with NOCs. Further, the applicants passed the Diploma course on different dates and obtained certificates. On 3/6/2020, the GM, OFBL floated an advertisement for filling of vacancies to the post of Chargeman (Tech and Non-Tech) for OTs and Stores by way of notification no. 84 inviting application from the eligible candidates desirous to appear in LDCE, 2020. In this notification, three years Diploma or equivalent qualification certificates in respective fields duly affiliated by AICTE was prescribed as the minimum educational qualification for the post of Chargeman(Tech) and pursuant to such notification, 133 candidates including the applicants applied to appear in LDCE, 2020 by enclosing their testimonials, but after verification, it came to the notice of the competent authority that the applicants had acquired Diploma Certificates from GIST who had only approval of AICTE for running '2nd shift full time course', but the applicants in their certificates had claimed to have attended the evening course at OFBL Campus, however, the NOCs were issued to them for acquiring diploma course from GIST with an advice to verify at their own interest the authenticity of certificate issued by such institution and whether it is recognized by appropriate Government body for the purpose of employment/promotion in Government organization.