GURDEV SINGH SEKHON Vs. NATIONAL FERTILIZERS LIMITED

JUDGEMENT

(1.) Challenge herein is to selection and appointment of respondents 4 to 19.

(2.) The facts of the case, as projected in the petition, reveal that the National Fertilizers Limited - respondent No. 1 herein requisitioned candidates with B.Com. qualification from Employment Exchange, Nangal in first half of 1995. In the second half of 1995 the candidates were sponsored by the Employment Exchange. Respondent No. 1 then required the candidates to fill bio-data forms for scrutiny and in November/December, 1996, it engaged a Madras based agency for conducting competitive written test in commerce and general aptitude. On February 23, 1997 competitive written test was conducted by the Agency with fictitious roll numbers and on February 24, 1997 the merit list based on the said test was given by the Agency to respondent no. 1 which displayed the merit list of 54 candidates on notice board on March 23, 1997. It is then pleaded that the Personnel Department proposed the constitution of Selection Committee for approval by the Executive Director, vide Annexure P-1 dated April 2, 1997. The Executive Director, who was about to retire, did not approve and passed unprecedented orders after eight days that Committee Members would be decided one day before the interview and verbally informed the name of the Chairman to the Deputy GM (P&A) on April 10, 1997. No formal decision regarding members of the Selection Committee was taken and a sham interview was held and selection to fill nine posts was arbitrarily made by ignoring merit list drawn on the basis of the Competitive Written Test. On April 29, 1997 selection of respondents 4 to 19 was approved. The Executive Director superannuated on April 30, 1997 and after that on May 5, 1997 petitioners through their counsel, issued registered notice to respondent No. 1 to fill the posts strictly in accordance with the merit list prepared on the basis of Competitive Written Test. No response was received by the petitioners to this legal notice and selected candidates were required to join on June 2, 1997. The petitioners filed Civil Writ Petition No. 7995 of 1997 seeking quashing of selection of respondents 4 to 19 on May 30, 1997 wherein notice of motion was issued for July 4, 1997. During the pendency of the writ petition aforesaid, it is further the case of petitioners, name of respondent no. 7 was added by tampering with the select list and appointment letters were issued to respondents 7 and 12, who joined on September 1, 1997. The writ came up for hearing on November 26, 1997 and the same was dismissed as withdrawn with liberty to file fresh on the same cause of action after arraying the selected candidates as party-respondents.

(3.) Pursuant to notice issued by this Court, respondents have entered defence. Separate written statements on behalf of respondents 1 to 3 and 19 have been filed. Petitioners have filed rejoinder to the written statement filed on behalf of respondents 1 to 3.