Gauhati High Court
Binay Kumar Diwana vs The Union Of India And 3 Ors on 5 August, 2022
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/4
GAHC010155162022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5105/2022
BINAY KUMAR DIWANA
S/O SRI SHREEKRISHNA CHAURASIA, R/O TYPE-III, QUARTER NO. 14,
NHPC COLONY, GERUKAMUKH, DIST-DHEMAJI, PIN-787035, ASSAM
VERSUS
THE UNION OF INDIA AND 3 ORS.
REPRESENTED BY THE SECRETARY (POWER), SHRAM SHAKTI BHAWAN,
RAFI MARG, NEW DELHI, DELHI-110001
2:NHPC LIMITED
REPRESENTED BY THE CHAIRMAN AND MANAGING DIRECTOR
CORPORATE OFFICE
SECTOR-33
FARIDABAD
HARAYANA-121003
3:THE EXECUTIVE DIRECTOR
NHPC LIMITED
CORPORATE OFFICE
SECTOR-33
FARIDABAD
HARAYAN-121003
4:THE GROUP GENERAL MANAGER (CIVIL)
NHPC LIMITED
CORPORATE OFFICE
SECTOR-33
FARIDABAD
HARAYANA-12100
Advocate for the Petitioner : MR. U K NAIR
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Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 05-08-2022 Heard Mr. UK Nair, learned senior counsel for the petitioner assisted by Mr. MP Sarma, learned counsel, who submits that the petitioner is presently posted as Manager (Civil), Technical Services, Subansiri Lower Hydro Electric Project.
The petitioner's counsel submits that the petitioner submitted his application for sponsoring candidates for 02 (Two) Executives for the 8 th Batch of 15 months full time residential programme in PGDM (Executive) Program of NTPC School of Business, Noida, in terms of the Circular No. NH/HRDCO/PGDM/NSB/2022-23 dated 23.06.2022, issued by the respondent No. 3. The respondent No. 3 thereafter issued the short listed applicants for online interview wherein the petitioner's name appeared at Sl. No. 1 and the date and time of interview was fixed on 20.07.2022 at 02:30 pm vide Inter Office Memorandum (IOM) dated 15.07.2022. The interview scheduled for 20.07.2022 was postponed by the respondent No. 3, vide IOM dated 19.07.2022. Thereafter, the respondent No. 3 issued Circular dated 19.07.2022, extending the date of submission of applications for 02 (Two) Executives for the 8th Batch of 15 months full time residential programme in PGDM (Executive) Program of NTPC School of Business, Noida in terms of the Circular No. NH/HRDCO/PGDM/NSB/2022-23 dated 23.06.2022, upto 26.07.2022.
The petitioner's counsel submits that the petitioner has come to learn that Page No.# 3/4 a new date of interview has been announced by the respondent No. 3, with a new list of candidates being called for interview through IOM dated 03.08.2022, containing a total of 10 (ten) names. However, the name of the petitioner is not amongst the 10 (ten) candidates mentioned in the IOM dated 03.08.2022.
The petitioner's counsel submits that the petitioner has submitted a representation to allow him to take part in the interview and also asked the respondents the reason as to why his name has been left out from the candidates who were short listed for participating in the interview in the IOM dated 03,08.2022. However, no reply has been forthcoming from the respondents till date.
The petitioner's counsel submits that the petitioner should be allowed to take part in the interview, as he was in Sl. No. 1 in the list of 9 (nine) candidates, that had been short listed vide IOM dated 15.07.2022.
Issue notice, returnable in 4 (four) weeks.
Ms. B Sarma, learned CGC accepts notice on behalf of respondent No. 1.
Petitioner to take steps for service of notice upon respondent Nos. 2 to 4 by registered post with A/D within a period of 2 (two) days.
List the matter on 7th September, 2022.
On considering the fact that the petitioner was amongst the 9 (nine) candidates, who had been short listed for interview as per IOM dated 15.07.2022 (Annexure-5), it is the view of this Court that some reasonable explanation should have been given to the petitioner, for not calling the petitioner to participate in the interview, which is to be held on 06.08.2022.
Accordingly, in the interim, the respondents are directed to allow the Page No.# 4/4 petitioner to participate in the interview for sponsorship of 02 (Two) Executives for the 8th Batch of 15 months full time residential programme in PGDM (Executive) Program of NTPC School of Business, Noida on 06.08.2022.
The petitioner is given the liberty to give a downloaded copy of this order by tomorrow (06.08.2022) to the respondents and a certified copy of this order by Monday (08.08.2022).
JUDGE Comparing Assistant