ONGC LTD Vs. IMDADUR RAHMAN RAJKHOWA

JUDGEMENT

(1.) <DJG>R.S.MONGIA, CJ.</DJG> Heard Mr. P.K. Roy, learned counsel for the appellant and Mr. A.K. Goswami, learned counsel appearing for the respondents.

(2.) The writ petitioners, three in number (now respondents) were the applicants for the posts of Junior Fire Supervisor and Junior Fireman in the Oil and Natural Gas Corporation Ltd. (ONGC). One of the requirements of physical standard was that the height should be not less than 5'6" inches. It has been stated by the learned counsel for the appellant that the suitability of the candidates initially is judged on the basis of written examination, practical tests and interview. Lithe instant case, all the candidates were called for written tests. The candidates who qualified in the written tests were shortlisted in the ratio of 1:5, to be called for subsequent practical efficiency tests. In other words, the candidate who qualified in the physical standards would be permitted to appear in the driving test and the candidate who qualified in the driving test would be called for physical efficiency test, and so on. The writ petitioners did not have the minimum prescribed height and consequently they were ousted at the stage of the physical tests and they were not put to further tests. Not only the writ petitioners, but all those who did not conform to the minimum standard of height, or some other physical standard, were ousted at that stage. It may be observed here that the physical standard test was held on 16.9.2000. The petitioners challenged the action of the respondents (now appellant) in ousting them from consideration for the posts by filing writ petition (C) No. 5686 of 2000.

(3.) During the pendency of the writ petition, the Superintending Engineer (E&T), Dehradun, issued an order dated 5.12.2000, which was addressed to the Regional Director, Nazira, whereby the minimum height of 5'6" for recruitment of Junior Fire Supervisor arid Fireman was reduced to 5'4". On the basis of the aforesaid order of the Superintending Engineer, dated 5.12.2000, the learned Single Judge of this Court, vide order dated 16.3.2000 disposed of the writ petition by passing the following order: