UNION OF INDIA Vs. ALOK ANAND

JUDGEMENT

(1.) The respondent Coal India Ltd. and its functionaries of C.W.J.C. No.8966 of 2005 (Alok Anand and others Vs. The Union of India and others), have filed the present appeal under Clause 10 of the Letters Patent of the High Court of Judicature at Patna and raise a grievance with regard to the finding recorded at paragraph 7 of the impugned order, whereby the learned Single Judge has found and held as under:

(2.) We shall go by the description of the parties occurring in the writ petition. The writ petitioners (respondents herein) filed the aforesaid writ petition seeking the following reliefs:

(3.) The background facts in nutshell leading to the present appeal may be noticed. Some time in July 1997, the respondent Coal India Limited came out with an advertisement for appointment of Management Trainees (Executive Grades) in different disciplines including Mining. The writ petitioners who were holding Bachelor degree of Mining Engineering also applied pursuant to the aforesaid advertisement. A written examination was conducted in April 1998, wherein they appeared. The result of the said examination was, however, not declared/published. On query they were informed that their results were not published in view of certain orders passed by the Madhya Pradesh High Court. Instead of publishing the result, the respondent Coal India Limited once again came out with another advertisement (Annexure-4), which was published in May 2001, for recruitment of Management Trainees. The writ petitioners again applied. They were issued admit-cards, whereafter they appeared at the examination which was conducted on 4.11.2001. The result of this examination was not published. However, the writ petitioners claimed that their names appeared in the provisional result of the said written test/examination. It further appears that they were intimated by notice dated 7.3.2002 (Annexure-5 series to the writ petition) for appearing at the interview. The writ petitioners accordingly appeared at the interview with all requisite certificates which were also verified and thereafter retained by the authorities of Coal India Limited. The authorities, however, did not publish the final result of the said examination leading to C.W.J.C. No.9055 of 2004, which was ultimately disposed of on 17.1.2005 (Annexure-6 to the writ petition), with the direction to the authorities of the Coal India Limited to consider the grievances of the petitioners and dispose of the representations filed by them within the time frame. The representation(s) of the petitioners was/were considered and disposed of by an order dated 9.3.2005 (Annexure-7 to the writ petition). Subsequently the authorities of Coal India Limited came out with a notice in the newspaper dated 31st December, 2005/6th January 2006 (Annexure-12 to the writ petition), cancelling the process of selection for appointment to the post as Management Trainees for different disciplines, including Mining. Aggrieved by the order disposing of their representations (Annexure-7), as also the notice of cancellation (Annexure-12), the petitioners preferred the present writ petition seeking the relief which we have already extracted hereinabove.