SUNIL PASWAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) In the present case, the petitioner is seeking a direction from this court for the appointment of the petitioner on the post of Junior Engineer Assistant Quality Control Analyst.

(3.) The factum is that an advertisement was published for appointment in different disciplines for different posts including the post of Junior Engineer Trainee. As per terms of the advertisement, one of the condition was that the candidate must apply against only one post, candidates applying for more than one discipline will not be considered. The admit cards were issued and the petitioner appeared for the examination of Junior Quality Control Analyst/Trainee and did not appear for the post of Junior Engineer Assistant-IV/Trainee (Production) . The petitioner qualified in the written test and, as per result published by the Indian Oil Corporation, the name of the petitioner figured at serial no.11 in the merit list. The respondent vide letter dated 7.2009 informed the petitioner about the cancellation of his candidature on the ground that he had applied for the two posts i.e. Junior Engineer Assistant (Production) and Junior Quality Control Analyst IV, as per the advertisement, the petitioner could have applied only against one post. When the petitioner was not called for interview, he approached this Court in C.W.J.C. No. 3372 of 2009 and, this Court, vide order dated 22009, allowed to appear in the interview, but made it clear that it will not create any right in favour of the petitioner and if it would be found that there are other scheduled caste candidates available, the Court may not relax the requirement of the advertisement which had very much conveyed that candidates may apply only for one post and, accordingly, called for interview, the petitioner participated and, finally, the case was disposed of vide order dated 17.12.2009 giving direction to the Indian Oil Corporation giving direction to published the result of the competitive examination and interview conducted pursuant to the advertisement dated 12.7.2008 published in the Dainik Jagran, Patna edition for appointment on the post of Junior Engineer, Assistant-IV/trainee (Production) , Junior Engineer Assistant-IV/Trainee (Instrumentation) , Junior Quality Control Analyst/Trainee, Jr. Engg. Assistant-IV/Trainee (Electrical) , which shall include the result of the petitioner as well within one week. In spite of that order, the result of the petitioner was not published on the notice board as well as no information was served to the petitioner about marks obtained in the written test and in the interview. On enquiry, it transpired that one Hiralal Himani, who was also a candidate from the scheduled castes category, was selected as he secured better marks than the petitioner and was asked to produce the academic certificate including experience but, he failed to produce the same. Ultimately, Hiralal Himani failed to produce the necessary certificate of qualification. It will be relevant to mention herein that vide order dated 22009 passed in aforesaid C.W.J.C. No. 3372 of 2009, the interim relief was given to the petitioner that he will appear in the interview but, it was made clear that no right shall accrue on the petitioner on the basis of appearing in the interview and if ultimately it was found that there are other scheduled castes candidates available for such selection for the aforesaid post, the Court may relax the requirement of the advertizement which had very clearly conveyed that a candidate can apply for one post. It was also made clear therein the performance of the petitioner in interview and his overall result for the said post will be kept in sealed cover and would abide by the final result of the writ application and, thereafter, finally the case was disposed of vide order dated 17.12.2009 giving direction to the respondents to publish the result.