Central Administrative Tribunal - Mumbai
Unknown vs The Union Of India on 28 January, 2014
1 OA No.404/2012 CENTRAL ADMINISTRATIVE TRIBUNAL BOMBAY BENCH, MUMBAI ORIGINAL APPLICATION NO:- 404/2012 Dated this Tuesday, the 28th, day of January, 2014 CORAM:- HON'BLE SMT. CHAMELI MAJUMDAR, MEMBER (J) HON'BLE DR. MRUTYUNJAY SARANGI, MEMBER (A) 1. Shri Indrapal N.Pazare, R/o behind Petrol Pump, Snehal Nagar, Chichordi, Bhadrawati, Distt. Chandrapur 442 902 2. Shri Ashim A. Biswas, R/o Netaji Colony, Bhadrawati, Distt. Chandrapur 442 902 3. Shri Prashant B.Dakhare, R/o Post: Choru, Bhadrawati, Distt. Chandrapur 442 906 4. Shri Dipankar Dinesh Saha, R/o Netaji Colony, Bhadrawati, Distt. Chandrapur 442 902 5. Shri Vinod N.Deulkar, R/o Post: Mandar, Tahsil: Wani, Distt: Yeotmal (M.S.) 6. Shri Shailesh Khobragade, R/o Qtr. No.15C, Type-II, Ordnance Fy. Chanda Estate, Bhadrawati, Dist. Chandrapur. 7. Shri Naresh Dahake, R/o Quarter No.27B, Type-I, Ordnance Factory Chanda Estate, Dist. Chandrapur. 8. Shri Mangesh Baban Kaurase, R/o Shriram Nagar, Bhadrawati, Dist. Chandrapur 442 902 2 OA No.404/2012 9. Shri Bishwajit Kundu, R/o Netaji Colony, Bhadrawati, Dist. Chandrapur 442 902 10. Shri Abhay Gulab Lonare, R/o Gautam Nagar, Bhadrawati, Dist. Chandrapur 442 902 11. Shri Sukhdeo Sudhir Shil, R/o Netaji Colony, Bhadrawati, Distt. Chandrapur 442 902 12. Shri Deepak P.Tapare, R/o Ganpati Ward No.26, Near Railway Station, Bhadrawati, Distt. Chandrapur 442 902 13. Shri Chandan Uday Wadekar, R/o Gautam Nagar, Behind Petrol Pump, Bhadrawati, Distt. Chandrapur 442 902 14. Shri Sandip Baburao Taksande, R/o Janala, Post: Bhagwanpur, Taluka: Mul, Distt. Chandrapur 441 224 15. Shri Dhammyan Chandankhede, R/o Behind H.P. Petrol Pump, Guru Nagar, Bhadrawati, Distt. Chandrapur 442 902 16. Shri Parikshit Bothale, R/o Behind Petrol Pump, Gautam Nagar, Bhadrawati, Distt. Chandrapur 442 902 17. Shri Mahesh V.Dhakate, R/o Gurunagar, Chichordi, Thenge Plot, Bhadrawati, Dist. Chandrapur 3 OA No.404/2012 18. Shri Shekhar C.Moje, R/o Ahilya Devi Nagar, Dhangar Society, Bhadrawati, Dist. Chandrapur 19. Shri Dharmpal Dhanraj Labhane, R/o Mahalgaon (B.K.), Post: Shegaon, Taluka: Warora, Dist: Chandrapur 20. Shri Hemant Madhukarrao Dudure, R/o Thenge Plot, Chichordi, Bhadrawati, Dist. Chandrapur 442 902 - Applicants (By Advocate Shri M.G.Burde) VERSUS 1. The Union of India, represented through: the Secretary, Ministry of Defence, South Block, New Delhi 110 001 2. The Director General of Ordnance Factories/ Chairman, Ordnance Factories Board, 10-A, S.K.Bose Road, Kolkata 700 001 (W.B.) 3. The General Manager, Ordnance Factory Chanda, Bhadrawati, Distt.: Chandrapur 442 501 (M.S.) 4. Shri Praveen Sudhakar Thakare Roll No.12917971404506, Selection List No. - 133, DBW. 5. Rupesh Balwant Bonde Roll No.12917974402206, Selection List No. - 152, DBW. 4 OA No.404/2012 6. Sagar Vijayrao Pawar Roll No.12917974404194, Selection List No. - 176, DBW. 7. Sandip Warlu Petkar Roll No.12917971403750, Selection List No.-160, DBW. 8. Ajitesh Someshwar Kude Roll No.12917794403954, Selection List No.-346, DBW. 9. Marasko he Manish Wamanrao Roll No.12917973404115, Selection List No.-361, DBW. 10. Umesh Kumar Lalji Ram, Roll No.12917972103225, Selection List No.-402, DBW. 11. Vikas Sukhdeo Fulzele, Roll No.12917372403753, Selection List No.-415, DBW. 12. Vikas Vasantrao Padhal, Roll No.12917974202785, Selection List No.-435, DBW. 13. Ganesh Subhash Kayarkar, Roll No.12917974404520, Selection List No.-440, DBW. 14. Sachin Domaji Gaikwad, Roll No.12917972402245, Selection List No.-441, DBW. 15. Nitu Madhukar Parodhe, Roll No.12917974404278, Selection List No.-467, DBW. 16. Rachiket Someshwar Kude, Roll No.129179797440 Selection List No.-495, DBW. 17. Raju Pandurang Nawaghare, Roll No.12917974403822, Selection List No.-535, DBW. 5 OA No.404/2012 18. Vikas Wasudeo Lokhande, Roll No.12917974202156, Selection List No.-540, DBW. 19. Vishal Gulab Narule, Roll No.12917974204302, Selection List No.-542, DBW. 20. Vivekanand Sherkure, Roll No.12917973404221, Selection List No.-549, DBW. 21. Bhusan Chintaman Manusmare, Roll No.12917974204306, Selection List No.-604, DBW. 22. Vinod Ashok Gaurakar, Roll No.12917974204216, Selection List No.-620, DBW. 23. Ganesh Shyamrao Navghare, Roll No.12917374201607 Selection No.14, Examiner. 24. Sunil Sheshrao Bhoyar, Roll No.12917374401711, Selection No.62, Examiner. 25. Pramod Shrihari Dethe, Roll No.12917374401800, Selection No.71, Examiner. 26. Vinod Abaji Salawe, Roll No.12917374401606, Selection No.73, Examiner. - Respondents Residential Address of the private respondent from Serial No.4 to 26 are with Respondent No.3 i.e. the General Manager Ordnance Factory Chanda. (By Advocate Shri R.R.Shetty along with Shri D.A.Dube for Respondents Nos.1 to 3 & Shri R.P.Saxena for Respondents Nos.4 to 26) 6 OA No.404/2012 O R D E R Per: Dr. Mrutyunjay Sarangi, Member (A)
This Original Application No.404 of 2012 has been filed by Shri Indrapal N.Pazare and 19 others praying for setting aside the selection by the Indian Ordnance Factory, Chanda (Maharashtra) of 672 candidates for the post of Danger Building Workers (Semi Skilled) in short DBW (SS) vide its order No.2544/DR/TT/LB dated 23.06.2012 (Annexure A-1 to the OA) and 74 Examiners (SS) vide its order No.2544/DR/TT/MB dated 25.06.2012 (Annexure A-2 to the OA).
2. The brief facts of the case are as follows:
The Respondents published an advertisement in Employment News on 30th July, 2011 -5th August, 2011 and invited applications for 25 categories of posts including D.B. Worker (SS) and Examiner (SS). The essential qualification for the posts of DBW (SS) was (i) matriculation passed or equivalent examination and (ii) the candidates must possess NCTVT 7 OA No.404/2012 certificate in the Trade Attendant Operator in Chemical Plant (AOCP) failing which ITI pass or equivalent Diploma holder. In the desirable qualification, it was two years working experience in Ammunition/Explosives Factory. For the posts of Examiner (SS), the educational qualification was (i) passed matriculation or equivalent examination and
(ii) must possess NCTVT Certificate in Trade Attendant Operator in Chemical Plant (AOCP). On 12.02.2012, the General Manager, Ordnance Factory, Chanda, respondent No.3 in the present OA, issued call letter to all the eligible candidates to appear in the written examination.
Between 01.06.2012 to 26.03.2012, the respondent No.3 again issued call letters to the candidates including the applicants, who had passed through written examination for appearing in the Trade Test and getting their relevant documents duly verified. On 23.06.2012, the lists of the selected candidates were published in the order No.2544/DR/TT/MB for the post of DBW (SS). For the posts of Examiner (SS), the 8 OA No.404/2012 Respondent No.3 also followed a similar procedure and on 25.06.2012 published the list of selected candidates for the post of Examiner (SS) in its order No.2544/DR/TT/MB.
3. The applicants have challenged the selection to the posts of DBW (SS) and the Examiner (SS) on the following grounds:
(i) The Applicants in the OA have passed their Apprenticeship Training and have been awarded the certificate of NAC (National Apprenticeship Certificate) after getting the certificate of NTC (National Trade Certificate) issued by the National Council for Vocational Training (NCVT), Ministry of Labour and Employment, Government of India. The above mentioned qualification of NAC and NTC is equivalent to the certificate of NCTVT, which is issued by the Ordnance Factories.
In view of that, the candidates were eligible for the post of Semi Skilled in different trades in the Ordnance Factories. This fact has been supported by the letter of the Ordnance Factory Board (in short 'OFB') dated 21.10.2011 (Annexure A-3) to the Senior General Manager/ General 9 OA No.404/2012 Manager Factories.
follows-
of All The Ordnance relevant & Ordnance portion Equipment reads as 3. In view of the above said SRO provisions, the National Apprentice Certificate and National Trade Certificate issued by NCVT in the relevant trade can be accepted as the qualification required for direct recruitment to semi-skilled posts of Annexure 'A' to the said SRO. Further Degree and Diploma in Engineering cannot be accepted as qualification for Direct Recruitment to the semi-skilled posts. It is also clarified that only when applicants with NCVT certificates as mentioned above are not available, then only applicants with ITI or equivalent Diploma holders will be considered.
(ii) Applicant No.3 and 5 had applied for the post of Examiner (Semi Skilled) and all other applicants had applied for DBW (SS). Their contention is that the Essential Educational qualification for the DBW (SS) in the advertisement appearing in the Employment News dated 30th July, 2011 5th August, 2011 is contrary to the Recruitment Rules contained in SRO 185 dated 01.11.1994, which mentions that for the post of DBW (SS), the qualification will be National Council of Trade for Vocational 10 OA No.404/2012 Certificate in the relevant trade failing which by ITI or equivalent diploma/ certificate holders. Moreover, the fact that Apprenticeship Training in Ordnance Factory, training has been put as an additional qualification is not correct, since, no such Apprenticeship Training is imparted by the Ordnance Factories Organization or any other Private or Government Organization in India.
(iii) The Applicants have alleged that ineligible candidates have been called for written examination and the Trade test, although they did not possess the required certificate of NCTVT or NAC and NTC and possessed only ITI certificate. The Applicants have enclosed the names of certain ineligible candidates, who have been appointed in the post of DBW (SS) and the Examiner (SS). The Applicants have alleged mala fide in the selection and have made the following prayers:
8.1) That the impugned Selection List of 672 candidates, equivalent to the total advertised posts of 672 for D.B.W. (S.S.) (Annexure A-1), be declared void ab 11 OA No.404/2012 initio to the extent of including the names of ineligible candidates illegally, as it violated the Recruitment Rules contained in S.R.O. 185 and/or the Instructions and Clarificatory order issued by Respondent No.2 (Annexure A-, A-10 & A-11) and also Articles 14 & 16 of the Constitution of India.
2) That the another impugned Selection List of 74 candidates, equivalent to the total advertised post of 74 for Examiner (S.S.) (Annexure A-2) also be declared void ab initio to the extent of including the names of ineligible candidates illegally, as it violated the Recruitment Rules contained in S.R.O. 185 and/or the Instructions and Clarificatory order issued by the Respondent No.2 and also Articles 14 & 16 of the Constitution of India.
3) That the impugned Essential Educational Qualification as specified for D.B. Worker (S.S.) at column (A3) (ii) in the advertisement published in Employment 5th News dated 30th July -August 2011 (Annexure A-5) further be declared as illegal as it is not in consonance with statutory Recruitment Rules contained in S.R.O. 185 and the Instructions and Clarificatory order issued by Res.2.
4) That the Respondents be directed to consider and include the names of Applicants in the Selection Lists of D.B.W. (S.S.) and Examiner (S.S.), as they possessed the N.A.C. & N.T.C. Certificates, which is equivalent to N.C.T.V.T. certificate as provided in the S.R.O. 185 dated 12 OA No.404/2012 1st November 1994, according to the Instructions and Clarificatory order issued by the Respondent No.2, in pursuance with the judgments cited at Sub-Para II-a) under para 5, hereinabove.
5) That the Respondent No.2, being a controlling authority of Respondent No.3, be directed to just and fair procedure/ method of direct recruitment in all the Ordnance Factories, without any variations and/or discrimination; in accordance with the provisions of S.R.O. 185 and/or the Instructions and Clarificatory order issued by the Respondent No.2 itself.
6) That the Respondent No.3 also be directed to disclose the marks of Written Examination, Trade Test and the total marks obtained by the candidates including the Applicants, in descending order of their merit, in combined selection-list of UR, SC, ST & OBC and also separate Selection-list for each category for respective trade, as per the law.
7) That the Respondent No.3 further be directed to disclose the essential educational qualification, especially the holding of Apprenticeship Training Certificate i.e. N.C.T.V.T OR N.A.C. and N.T.C. for determining their eligibility.
8) That this Hon'ble Tribunal be pleased to grant the cost of proceeding before this Hon'ble Tribunal and incidentals thereto and such other benefits as deems fit 13 OA No.404/2012 and proper in the facts and circumstances of the case.
4. In their Reply, the Respondents have made the following submissions:(
i) Since, there is no DBW Trade in the list of Trade Apprentices, conventionally ACOPs trade has been considered relevant feeder trade for the post of DBW trade. Similarly for the Examiner (SS), the nature of work is to examine the output made by the other tradesman, belonging to all the Trades related to the production of Ordnance Factory. Such trade including AOCP are considered as relevant trade for Examiner (S.S.).
(ii) The DBW being an unattractive trade, sufficient number of applicants did not have NCTVT certificate and, therefore, ITI candidates were also considered for the DBW (SS) and Examiner (SS) posts.
(iii) As per Rule 10 of SRO 185 dated 1st November, 1994, the Ordnance Factory Board has full authority to decide whether a qualification 14 OA No.404/2012 is equivalent to the prescribed qualification for any post. Since, the Ordnance Factory Board felt that sufficient number of NCTVT holders were not available, ITI candidates were also considered. Selecting NCTVT holders in AOCP alone would have excluded ITI and other similarly qualified candidates, constituting serious discrimination of such candidates and violation of S.R.O. Provisions.
(iv) In the selection process, when marks were equal, trained ex-Trade Apprentices of the recruiting Ordnance Factory and the Sister Ordnance Factories were given preference.
5. Attention of this Tribunal has also been drawn by the respondents to the following principles adopted by the respondents in determining the selection-list as per the guidelines prescribed in OFB letter No.570/A/I (PT)/54/Vol.IV/294 dated 06.01.2011 : Final merit was decided on the basis of combined marks in the written and trade.
Wherever combined marks have been found to be equal, 15 OA No.404/2012 trained Ex-Trade apprentice of Ordnance Factory, Chanda, as well as Sister ordnance factories have been given preference in the order as stipulated at Para 6(c) of Annexure to OFB letter No.570/A/I(PT)54/Vol.IV/294 dated 06.01.2011.
Wherever combined marks i.e. written test marks and trade test marks taken together, were found to be same, preference has been given to those candidates who have scored higher marks in the written test. Despite resorting to afore said procedures/steps, wherever tie persisted, the same has been broken by selecting the candidate born earlier.
6. The respondents have informed that three years Apprenticeship Training in the Trade of AOCP is being imparted in Ordnance Factory, Chanda, and Sister Ordnance Factories apart from various Industrial Training Institutes. Hence, they have denied the contentions of the applicants that no training is imparted for DBW (SS). The applicants were not selected since they secured less marks in comparison to the selected candidates.
16 OA No.404/20127. In the Rejoinder to the Reply, the applicants have questioned the contentions of the respondents that since there is no DBW Trade in the list of Trade Apprentices, conventionally AOCP Trade has been considered as relevant feeder trade for the post of DBW Trade. They have drawn attention to the fact that similar Trade of DBW (SS) in other Sister Ordnance Factories are not filled up with the Ex-Trade Apprentices of AOCP Trade alone. Moreover, among the workmen working in the DBW in various Grades in Ordnance Factory, Chanda, they mainly do not belong to the Grade of AOCP as claimed by the Respondents, but to a number of other Trades such as Labourer, Turner, Electrician, Fitter, Machinist, Millwright, Wireman, Carpenter etc. Moreover, the Ordnance Factory Bhandara, which is the sister Ordnance Factory of Chanda filled up the vacancies of DBW (SS) with Ex-Trade Apprentices not only of AOCP Trade, but other trade like Labourer, Turner, Electrician, Fitter, Machinist, Millwright, Wireman, Carpenter etc. The applicants have also quoted the judgment of the Hon'ble Madurai Bench of Madras High Court in 17 OA No.404/2012 W.A. (MD) No.316 of 2007 in M. Sabarinathan Vs. The General Manager, Ordnance Factory Trichy and three others, wherein it was held by the Hon'ble High Court that:
"...that the requisitioning department should call for the list of eligible candidates from employment exchange and the apprentice department of undertaking or establishment shall invite candidates by publication in newspaper and other media, and then consider the cases of all the candidates (All Ex-Trade Apprentices together irrespective of their place of training -Emphasis supplied), who have applied, and, in the selection process, other things being equal, trained apprentices shall be given preference."
8. It is the contentions of the applicant that in the present case also equal opportunity should have been provided to all the Ex-Trade Apprentices, irrespective of their place of the training, with a condition that other things being equal, the trained Ex-Trade Apprentice of the recruiting factory/establishment should have been given preference and that the respondent No.3 have wrongly equated the Ex-Trade Apprentices i.e. the Applicants with the non-Ex- Trade Apprentices i.e. the Respondents No.4 to
26. 18 OA No.404/2012
9. The private respondents, in the present Original Application, have also filed their Reply to the OA and have contended that their selection is as per the Rules and there is no illegality or infirmity in the decision of the official Respondents. Their contention is based on the fact that all of them possessed the relevant National Trade Certificate (NAC) in their respective trade issued by the National Council for Vocational Training (NCVT) of Ministry of Labour, Government of India and that none of the applicant in the OA is a trained Ex-Trade Apprentice of the recruiting Ordnance Factory or Sister Ordnance Factories and are, therefore, do not deserve any preference over the private respondents.
10. In a further Reply to the Miscellaneous Applications, the respondents have explained that under Rule 10 of S.R.O. 185 of 1994, the Educational qualification in respect of all the candidates having NCVT certification for recruitment in the Trade of DBW (SS) was approved by the Ordnance Factory Board and since all 19 OA No.404/2012 candidates holding NCVT, ITI and equivalent qualification were allowed to take the written test for DBW (SS), there was no discrimination against any candidates and that selecting candidates with NCVT certificate in AOCP alone would have excluded ITI and other similarly qualified candidates.
11. We have heard the learned counsel from both the sides and perused the elaborate documents submitted by them. The prayers of the applicants in the OA revolves around :(
i) The impugned essential Educational qualification for the DBW (SS) and Examiner (SS) as appeared in the Advertisements dated 30th July, 2011 5th August, 2011 in the Employment News.
(ii) The stipulation about the experience in the Advertisements.
(iii) The method of selection and consequently challenging the list of 20 OA No.404/2012 selected candidates with a prayer to declare the selection as void ab initio, both for the DBW (SS) and the Examiner (SS) post.
12. A perusal of the Advertisements shows that for the post of DBW (SS), the essential education qualification was (i) matriculation passed or equivalent examination and (ii) must possess NCTVT certificate in the Trade Attendant Operator in Chemical Plant (AOCP) failing which ITI passed or equivalent Diploma holders. In desirable qualification, the Advertisement mentioned two years working experience in Ammunition/ Explosives Factory. For the Examiner (Semi Skilled), the essential education qualification was (i) matriculation passed or equivalent examination, (ii) must possess the NCTVT certificate in the Trade mentioned at Serial No.1 to 22 including AOCP trade failing which ITI passed or equivalent Diploma holder in respective trade. For the post of Examiner (Semi Skilled) also two years working experience in Ammunition/Explosives Factory was mentioned as desirable qualification. When the advertisement 21 OA No.404/2012 is examined in the context of the Recruitment Rules published in the Gazette of India dated 01.11.1994 (as provided in Annexure A-8 to the OA), the qualification for semi skilled workman is mentioned as National Council of Trade for Vocational Training Certificate (NCTVT) in the relevant trade failing which by ITI passed or equivalent Diploma/certificate holder. The clarification issued in the letter No.800/SRO/A/I/245 dated 21.10.2011 mentions as follows:
" Consequent upon the issue of revised guidelines for recruitment of Ex-Trade Apprentices in OFs. vide OFB letter at reference, several factories have sought clarification regarding the educational qualification for direct recruitment for the Annexure A Trades in SRO 185 of 1994.
02. SRO 185 of 1994 stipulates that the educational qualification for direct recruits for the trades at Annexure 'A', is National Council of Trades for Vocational Training certificates in the relevant trade failing which by ITI or equivalent Diploma/Certificate holder.
03. In view of the above said SRO Provisions, the National Apprentice Certificate and National Trade Certificate issued by NCVT in the relevant trade can be 22 OA No.404/2012 accepted as the qualification required for direct recruitment to semi-skilled posts at ANnexure 'A' to the said SRO. Further Degree and Diploma in Engineering cannot be accepted as qualification for Direct Recruitment to the semiskilled posts. It is also clarified, that only when applicants with NCVT certificates as mentioned above are not available, then only applicants with ITI or equivalent Diploma/Certificate holders will be considered."
13. The Recruitment Rules do not mention a certificate in Trade Attendant Operator in Chemical Plant (AOCP) as an essential qualification for the DBW (SS), it only mentions a NCTVT certificate in the relevant trade failing which ITI passed or equivalent Diploma holder. The failing which clause implies that only if candidates with NCTVT or NAC with NTC are not available, the candidates with ITI qualification should have been considered. This has not been done in the present case.
14. It is pertinent to note that in an advertisement issued by the Sister Ordnance Factory at Bhandara on 23.07.2011 to 29.07.2011 in Employment News, the essential education qualification for Danger Building Worker (Semi 23 OA No.404/2012 Skilled) mentions not only Attendant Operator in Chemical Plant, Maintenances Mechanic in Chemical Plant, Auto Electrician, Boiler Attendant, Cable Jointer, Carpenter, Furniture and Cabinet Maker, Electrician, Electronics Mechanic, Instrument Mechanic in Chemical Plant, Instrument Mechanic, Machinist, Mason Mechanic, Industrial Electronics, Mechanic Machine Tool Maintenance (Millwright), Mechanic Motor Vehicle, Pipe Fitter, Fitter, Plumber, Refrigerator and Air- Conditioning Mechanic, Bigger, Sheet Metal Worker, Switch Board Attendant, Tractor Mechanic, Turner, Welder, Winder (Armature), Wireman. There is, therefore, merit in the contention of the applicants that restricting the essential qualification to NCTVT certificates in Trade Attendant Operator in Chemical Plant (AOCP) is against the Recruitment Rules. Their contention is that the NCVT certificate issued by the Ministry of Labour, Government of India in different trades opens up competition and offers a wide range of candidates seems to be in order. The applicants belonged to different trade and, therefore, were equally eligible for the post of DBW (SS) and Examiner (SS), since all of them 24 OA No.404/2012 hold the National Apprenticeship Certificate (NAC) and the National Trade Certificate (NTC) issued by the NCVT and, therefore, their claim cannot be ignored. This position is also supported by the clarification issued by the respondent No.2 in their letter No.800/SRO/A/I/245 dated 21.10.2011.
15. Similarly, the desirable qualification for both the post of DBW (SS) and Examiner (SS) refers to two years working experience in Ammunition/ Explosives Factory. This is not as per the Recruitment Rules and this only follows the clarification issued by the Ordnance Factory Board on 06.01.2011 in its letter No.570/A/I(PT)/ 54/Vol.IV/294. We do not find any illegality or infirmity in prescribing this desirable qualification since it is only for giving preference to candidates, other things being equal.
16. So far as the issue of selection process is concerned, the principles adopted for the selection followed from the OFB letter dated 25 OA No.404/2012 06.01.2011. The applicants have challenged this process on the ground that some of the candidates did not possess the NCTVT or NAC certificate after passing their ITI certificate course, both in DBW (SS) and Examiner (SS) categories, and that the selection list comprises ineligible candidates, which makes their selection void ab initio. The contention of the applicant is that since they hold both the NAC or NTC certificate, they had a better claim in the selection, compared to some of the selected candidates. Here also the failing which clause applies and mere seems to be an infirmity in the selection process.
17. Going by the various facts presented by both the parties to the litigation, the documents produced, the rules and clarifications issued by the Ordnance Factory Board, we are of the view that non-selection of the Applicants in this O.A. is violative of their right to fair and just selection. The Respondents Nos. 2 and 3 are directed to review and re-examine their case vis- a-vis the private respondents and vis-a-vis all the other selected candidates strictly in 26 OA No.404/2012 accordance with the Recruitment Rules. This review process should be completed within three months from the passing of this order. The Original Application is allowed only to this extent. No costs.
(Dr. Mrutyunjay Sarangi) (Smt. Chameli Majumdar) Member (A) Member (J) km*