Central Administrative Tribunal - Mumbai
Pratik Chandrashekhar Wasnik vs Mineral Exploration Corporation ... on 8 January, 2026
1 OA No.2165/2020
CENTRAL ADMINISTRATIVE TRIBUNAL,
MUMBAI BENCH, CAMP AT NAGPUR
ORIGINAL APPLICATION NO.2165/2020
Dated this Thursday the 08th day of January, 2026
Coram: Hon'ble Mr. Shri Krishna, Member (Administrative)
Hon'ble Shri Umesh Gajankush, Member (Judicial)
Pratik s/o Chandrashekhar Wasnik,
Occu - Nil, aged 25 years,
R/o. 15, Govt. Press,
Jaitala Road, Nagpur - 440 036.
[email protected]
Mobile - 8149796770. ..Applicant.
(By Advocate Shri I.A. Fidvi)
Versus
1. Mineral Exploration Corporation
Limited, a Govt. of India Enterprise,
Dr. Babasaheb Ambedkar Bhavan,
Highland Drive Road, Seminary Hills,
Nagpur - 440 006 through its
Managing Director, website www.mpcl.co.in
2. Nishant Shankar Besekar, aged
Major, Assistant (Materials), r/o
Milan Jackson
Alphanso
Digitally signed by Milan Jackson Alphanso
DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone=
30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode=
401203, S=Maharashtra, SERIALNUMBER=
6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan
Jackson Alphanso
Reason: I am the author of this document
Location:
C/o- Mineral Exploration Corporation Limited,
A Govt, of India Enterprise, Dr. Babasaheb
Date: 2026.01.09 11:00:03+05'30'
Foxit PDF Reader Version: 2024.4.0
Ambedkar Bhavan, Highland Drive Road,
Seminary Hills, Nagpur - 440 006. ..Respondents.
(By Advocate Shri M.D. Samel)
Order reserved on : 16.10.2025
Order pronounced on : 08.01.2026
2 OA No.2165/2020
ORDER
Per: Mr. Shri Krishna, Member (A)
The applicant has filed this O.A.
under Section 19 of the Administrative
Tribunals Act, 1985 to claim for the
following reliefs:
"(a) Direct the respondents to issue appointment order to the applicant appointing the applicant on the post of Assistant (Materials) W4 in the M.E.C.L. Limited.
(b) Quash and set aside the appointment of respondent No.2 on the post of Assistant (Materials) W4 and instead declare the applicant to have been selected having obtained 74 mask in the written test. Consequently quash and set aside merit list, dated 28.12.2019 in so far as respondent No.2 at serial No.8 therein is concerned;
(c) Direct the respondent No.1 to issue appointment order to the applicant with retrospective effect from 13.01.2020 and grant him full salary and allowances in the interests of justice.
(d)Allow the present application with costs. Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso
(e) Grant any other relief deemed fit in the circumstances Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 of the case in favour of the applicant."
2. Brief facts of the case are that the respondent - MECL published an advertisement dated 13.08.2019 (Annexure A-2) for recruitment of Non-Executive Post in MECL for 23 posts, break up of which was as under:- 3 OA No.2165/2020
(i) 11 unreserved
(ii) 05 for OBC
(iii) 03 for SC
(iv) 02 for ST; and
(v) 02 EWS
(vi) 05 posts were reserved for persons with disability but against which vertical reservation was not prescribed.
The Advertisement required graduate degree with Mathematics or B.Com and English typewriting @ 40 w.p.m. from a Government recognized institution. Apart from the above educational qualification, 3 years post qualification experience in handling engineering and departmental stores were required. The minimum age limit was prescribed as 30 years.
2.1 In pursuance to the above advertisement, the applicant applied for the Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan post as he claims to have possessed necessary Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 educational qualification as well as experience. He was issued Admit card (Annexure A-3). He was called for documents verification / skill test on 13.12.2019. The document verification and skill test were conducted by the respondent No.1. The copy of 4 OA No.2165/2020 document verification merit list has been annexed as Annexure A-4. Thereafter, the respondent No.1 declared select list of candidates on 28.12.2019 in which the applicant's name was not included and in so far as SC category is concerned, Shri Nikhil Gaurishankar Tirpude, Harshad Bhagat and Nishant Shankar Besekar were included in the list of selected candidates at serial Nos.1, 5 and 8 respectively (Annexure A-1). 2.2 It has been submitted that DoPT OM dated 02.12.2015 requires that no interview should be conducted in Group 'C' and 'D' posts. However, contrary to above mandate, under the pretext of skill test and document Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= verification, an interview was conducted and Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 marks were allotted (Annexure A-5). 2.3 It has been submitted that the respondents have conducted interview under the garb of skill test which is impermissible for the purpose of recruitment to the post of Group 'C' and Group 'D' posts and finally by 5 OA No.2165/2020 order dated 13.01.2020, the respondents filled 17 posts out of 23 advertised. 2.4 In so far as, SC category reserved posts are concerned, Shri Nikhil Gaurishankar Tirpude, Harshad Bhagat and Nishant Shankar Besekar were selected (Annexure A-6). However, the respondents, later on, clarified that they were selected against open vacancies and all the three SC posts were reserved for PWD. 2.5 The applicant sought the information from the respondents viz. marks of the candidates who appeared in the said written test, marks of the candidates who appeared in the skill test, merit list of the candidates after written test and skill test, cut-off Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= marks for each category, criteria for Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 selection, list of selected candidates and the applicant's position and the reasons for his non-selection by filing application dated 30.12.2019 under Right to Information Act, 2005 (Annexure A-7).6 OA No.2165/2020
2.6 The respondent No.1, vide reply dated 05.02.2020, replied that there is no public interest involved and, therefore, the information was not provided. However, the respondents supplied information to the effect that cut-off marks for SC category were 59 and 5 posts reserved for the persons with disability remains unfilled (Annexure A-
8). The applicant again sought information vide letter dated 01.09.2020 and enquired the reasons for his non-selection. He was replied vide letter dated 28.09.2020 that he was not found suitable in skill test and, therefore, his employment with respect to the post of Assistant (Materials)(W-4) was not possible Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= (Annexure A-9).
Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 2.7 The applicant sought further information vide his application dated 31.08.2020 regarding the marks of candidates who have passed in the skill test and who have failed in the skill test. He was informed that the applicant scored 74 marks 7 OA No.2165/2020 in the written test held on 12.12.2019 and skill test was a qualifying test which determines suitability of the candidates and in the above test the applicant was not found suitable by the committee (Annexure A-10). It is averred that similarly said Shri Bharat Bhaisare sought information and he was replied by letter dated 06.02.2020 to the effect that none of the candidates from SC category were found suitable in the skill test (Annexure A-11) .
2.8 It is averred that the document verification list dated 13.12.2019 shows that the applicant's name was at serial No.7 and selected candidate from SC category Shri Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= Nishant Shankar Besekar was at seral No.12 in Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 the document verification list. Admit card issued by respondent No.1 showed that the document verification and skill test were only for the candidates who were in the merit list of the written test. Thus, in the merit list after written test, the applicant was at 8 OA No.2165/2020 serial No.7 and respondent No.2 was at serial No.12. Hence, the applicant is more meritorious than respondent No.2 Shri Besekar and, therefore, the respondents ought to have appointed the applicant instead of Shri Besekar. The respondents have categorically admitted in the reply information that no SC candidate was found suitable in the skill test yet Shri Besekar was appointed. Therefore, the reply of the respondents that the applicant was not found suitable in the skill test is erroneous as the respondent No.1 could not have appointed Shri Besekar who was also from SC category.
2.9 The applicant made representations Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= dated 01.09.2020 and 06.10.2020 (Annexure A-
Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 12 & 13 respectively) to the respondent No.1.
However, the respondents ignored the representations and failed to redress the grievance of the applicant and replied vide letter dated 28.09.2020 that the applicant was not found suitable in the skill test 9 OA No.2165/2020 (Annexure A-14).
2.10 Being aggrieved by the above action of the respondents, the applicant has filed this OA.
3. After issuance of notice, the respondents have filed their reply. It has been submitted that the applicant is not an employee of respondent No.1 and hence, he has no locus standi to avail the remedies under Administrative Tribunals Act, 1985 and as such, the present application cannot be entertained for want of jurisdiction. 3.1 It has been submitted that as per table 1 at serial No.11 of the Recruitment Notice dated 13.08.2019, the required Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= particulars for the post of Assistant Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 (Materials) W-4 have been notified, according to which, there were 23 vacancies out of reservation was provided for different categories as specified in Column No.4 thereof and the qualifications and experience requirement have been mentioned at Column Nos. 10 OA No.2165/2020 5 & 6 respectively. It is not disputed that the applicant had appeared for the written test and the Applicant was found to be eligible for being called for document verification and skill test. However, it is specifically denied that the applicant was called for interview at any point of time as falsely alleged by the applicant. As a matter of fact, no interview whatsoever were ever held in respect of any of the candidates. The applicant has malafidely attempted to term the process of document verification and skill test held on 13.12.2019 as 'Interview'.
It is also specifically denied that any merit list dated 13.12.2019 filed at Annexure A4 of Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= the OA was issued by the Respondent. As a Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 matter of fact ,the aforesaid list filed at Annexure A4 is only a list of candidates who were called for documentation verification and skill test for the post of Assistant (Materials) (W-4). It is further submitted that holding of skill test has been permitted 11 OA No.2165/2020 for Recruitment Process as per the Govt. of India policy and rules framed for recruitment as well as in Recruitment Notice. As per the job requirement for the specific post, skill test is conducted which is qualifying only and no marks are assigned for such skill test as per the Government Guidelines vide O.M. No. 39020/01/2013-Est (B)-Part, dated 29/12/2015. 3.2 It is imperative to understand the Selection Process of Company for the aforesaid post and, therefore, it is submitted that in accordance with the Recruitment Rules of the Company, a candidate must qualify 02 Tests, i.e., (i) Written Test and (ii) Skill Test, for suitability for Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= Selection to the post under Merit.The Written Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 Test (100 marks) carries 100 MCQ questions 01 marks each, qualifying marks for UR/OBC is 50% and for SC/ST is 45%. Upon qualifying the Written Exam on Merit basis, the candidates are called for Document Verification & Skill Test. Thereafter documents are verified and 12 OA No.2165/2020 if documents are found in order, Skill Test is conducted. It is to be noted that Skill Test is qualifying nature only, i.e., no Marks are allocated in Skill Test. After eliminating the candidates who did not qualify in Skill Test, the Merit List is drawn on the basis of Written Test marks only. Finally, offer of employment letters are issued to the candidates who are in Merit List equal to number of vacancies advertised (Select list) and as per reservation position. The remaining unfilled vacancies (if any) are carried forwarded to be filled in the next recruitment, as and when required. Thus, in accordance with the aforesaid Memorandum and Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= Recruitment Rules, the respondent has Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 conducted the Skill Test for the above Post wherein the applicant though qualified the written test but failed to qualify the Skill Test for the post; and 03 SC candidates namely Shri Nikhil Gaurishankar Tirpude, Harshad Bhagat and Nishant Shankar Besekar 13 OA No.2165/2020 (Respondent No. 2), in the Select List at Sr. Nos. 1, 5 and 8 were found qualified in the Skill Test and on the basis of their own Merit without any relaxation, all 3 aforesaid SC candidates were selected and appointed under the Unreserved Category for the above post and, accordingly, Select List of total 18 qualified candidates, who qualified both Written Test and Skill Test was drawn for the aforesaid post of Assistant (Material) (W-4). 3.3 It has been submitted that the Office Memorandum dated 02.12.2015 issued by the DoPT (Annexure A-15) does not prohibit the skill test and document verification which has been held by the respondents. The Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= respondents have denied that under the Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 pretext of skill test and document verification, any interviews were conducted and any marks were allotted to the candidates (Annexure R-1). It has been submitted that the above submission of the applicant in para
4.5 of the OA are nothing but an attempt to 14 OA No.2165/2020 create prejudice against the respondents and misguide this Tribunal.
3.4 It has been further submitted that the repeated allegation of the applicant that the respondents have conducted interview under the garb of skill test are specifically denied. It is not in dispute that the aforesaid three SC candidates were included in the list of selected candidates against UR category on their own merit without any relaxation. It has been submitted that it is specifically denied that Annexure A-6 as submitted by the applicant is not a copy of select list but only a provisional seniority list for the post of Assistant (Materials)(W4) Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= of the company.
Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 3.5 It is worthy of mention here that there were 5 post reserved for the "Persons with Disability" (PWD) as notified under the Recruitment Notice. Thus, Horizontal Reservations is applicable for the aforesaid PWD Category. As such, out of total 23 15 OA No.2165/2020 vacancies (Vertical Reservations), 05 vacancies are reserved for the PwD Category (Horizontal Reservation) and as per Reservation Policy & Govt. of India Guidelines, after a candidate is Selected, their Horizonal Reservations are to be adjusted in Vertical Reservations; therefore, such Horizontal Reservations (PwD in the case) cannot be prescribed exclusively against a vertical reservation (UR/OBC/SC/ST/EWS) at early stage. Further, it is pertinent to mention here that none of the 18 Selected candidates belonged to PwD category, who were selected across the various vertical categories, i.e., UR/OBC/ST/EWS. Thus, the Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= unfilled 05 PWD Category vacancies are Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 required to be carried out by Horizontal Reservation for future recruitment as per the Reservation Policy & Govt. of India Guidelines. Thus, all the adverse allegations made by the applicant are specifically denied. 16 OA No.2165/2020 3.6 It has been further submitted that the respondents have not selected any candidates without following the guidelines of Government of India pertaining to the reservation of post for different categories or that any policy of the Government for Recruitment or Rules have been vitiated or any illegality is committed in respect of the post for SC category. The respondents have not disputed that they have sent the reply dated 28.09.2020 vide Annexure A-9 to the letter of the applicant dated 01.09.2020. It is further specifically denied that no skill test could be held by the respondents as alleged. The respondents had conducted the Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= skill test and the applicant has failed to Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 qualify that skill test and thus he could not find his place in the select list. It has been submitted that the applicant is malafidely attempting to confuse term 'skill test' as 'interview' to raise a false ground. 17 OA No.2165/2020 3.7 It has been further submitted that it is not disputed that the applicant had sought information under Application dated 31.08.2020 to which the respondent has send a reply dated 09.09.2020 vide Annexure A-10. As regards the suitability of the applicant, it is submitted that the Written Test / Skill Test Committee constituted by the Respondent No. 1 for conducting the entire Recruitment Process did not find the applicant suitable for the aforesaid post as compared to the other selected candidates including the present respondent No.2 and consequently the applicant was informed about the same. Thus, even though the applicant had scored 74 marks Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= in the Written Test, he was not found Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 suitable by the aforesaid Committee under the Skill Test which is an essential criterion to be qualified for the post and was thus not included in the Select List. As regard the letter of Shri Bharat Bhaisare, the respondent No.1 has given reply dated 18 OA No.2165/2020 06.02.2020 vide Annexure A-11 pertaining to the marks. He was informed about the cut-off marks of "Selected Candidates" only, wherein it was specifically mentioned under a Note that none of the SC candidates were found suitable in the Skill Test against advertised SC vacancies. Thus, no SC candidate was Selected exclusively against advertised SC vacancy.
3.8 It is further specifically denied that none of the candidates belonging to SC category were found suitable in the skill test. There were 03 SC candidates namely Shri Nikhil Gaurishankar Tirpude, Harshad Bhagat and Nishant Shankar Besekar (Respondent No.2) Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= who were found suitable in the Skill Test.
Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 However, these 03 SC candidates were selected against UR category but not against SC category, as all 3 candidates were Selected on their own Merit without any relaxations as per Reservation Policy & Govt. of India Guidelines.19 OA No.2165/2020
3.9 It has been specifically denied that all SC posts were filled. As advertised, 03 SC vacancies out of 23 vacancies still lie vacant after Selection of 18 candidates, which will be filled in next recruitment as and when required. The claim of the applicant that "Reserving all the 3 posts for PWD and keeping those vacant for future is illegal.
PWD reservation could not be carried forward and in the absence of SC (PWD), SC (normal) should have been recruited" is specifically denied. Among total 23 vacancies (Vertical Reservations), 05 vacancies were reserved for the PwD Category (Horizontal Reservation) and as per Reservation Policy & Govt. of India Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= Guidelines, after a candidate is Selected, Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 their Horizonal Reservations are to be adjusted in Vertical Reservations; therefore, such Horizontal Reservations (PwD in the case) cannot be prescribed exclusively against a vertical reservation (UR/OBC/SC/ST/EWS) at early stage. As there was no candidate left 20 OA No.2165/2020 in the Merit List other than already selected 18 candidates wherein there was no PwD candidate, these 05 unfilled vacancies are to be carried forward with PwD reservations to be filled in future advertisement. The procedure followed by the respondent is very lawful, transparent and as per Reservation Policy and Govt. of India Guidelines, while it is apparent that the applicant with highly mala fide intention to prejudice this Hon'ble Tribunal against the Respondent, has raised false grounds.
4. Private respondent No.2 - Mr. Nishant Shankar Besekar has also filed his reply and denied the submissions made by the applicant. Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 4.1 It has been submitted that he was Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 appointed to the post of Assistant (Material)W-4. It has been submitted that the respondent No.1 i.e. the employer has already filed their written reply together with relevant annexure wherefrom it is crystal clear that the claims made by the applicant 21 OA No.2165/2020 in the present OA are fully unsustainable and imaginary and all the said reliefs are liable to be rejected by this Tribunal. He has adopted the written submissions made by the respondent No.1.
5. The applicant has filed rejoinder to the reply submitted by the respondents reiterating and elaborating the averments made in the OA. However, no new submissions have been made.
6. The respondent No.1 has filed reply to the rejoinder of the applicant reiterating and elaborating their reply. It has been submitted that the selection process was to entail shortlisting of candidates based on Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= academic credentials, relevant experience and Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 suitable expertise, followed by written test, document verification and skill test in computer environment/trade test in concerned trade, taking into consideration job requirement for the specific post, as per rules of the company.22 OA No.2165/2020
6.1 It has been submitted that it can be clearly read above that such skill test/trade test was conducted "taking into consideration job requirements for the specific post". The skill test/trade test doesn't mandate to be conducted on computer only. Accordingly, taking into consideration job requirements for the post of Assistant (Materials), a skill test/trade test on computer was not required to be taken but skill trade/trade test in the concerned trade i.e. skill of the candidate for the post of Assistant (Materials) was conducted by showing the candidates tender notices for material, quotation offered by the parties supplying Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= materials, supply orders, G.S.T. invoices, Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 challans, material inspection report and other related documents concerning the materials department were shown to the resp. candidates to access their skill in respect of the post of Assistant (Materials). No interviews whatsoever were conducted by the 23 OA No.2165/2020 respondent as falsely contended by the applicant. The emphasis of the applicant on the fact that no skill test on computer was conducted is highly misplaced and contrary to the "selection procedure" as notified under the recruitment notice Annexure A-2 and the policy of the Government of India.
6.2 Admittedly, the person holding the post of Assistant (Materials) was required to have the adequate knowledge relevant experience and suitable expertise about procurement and disbursement of materials by the respondent and no special computer expertise skill was required for the aforesaid post. Hence, taking into Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= consideration then aforesaid job requirement Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 for the specific post, skill test/trade test in computer environment was not held for the aforesaid post but the skill test/trade test as stated above was held in respect of the applicant and other candidates for the aforesaid post of Assistant (Materials). 24 OA No.2165/2020 Hence, the contention of the applicant that "Interviews" were conducted is absolutely false, frivolous and afterthought. The respondent is producing herewith minutes of the meeting of board of directors of the respondent corporation notified by the company secretary of 05.05.2016, notifying the decision of the corporation to discontinue personal interviews and introduced written test/trade test taking into consideration job requirement for specific posts for non-executive candidates. The same is marked as Annexure-R-2. Similarly, the bunch of documents shown to the candidates for the post of Assistant Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= (Materials) during the skill/trade test as Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 stated above are filed herewith as Annexure R-3 collectively, as directed by this Hon'ble Tribunal Vide order dated 26.10.2021 and the copy of the performance report of all the candidates in the skill test is already filed as Annexure R-1, with written statement of 25 OA No.2165/2020 the Respondent No 1 dated 21.09.2021. 6.3 It has been submitted that it is a settled principle of law that it is absolute and exclusive prerogative of employer to decide about the necessary education qualification, experience and decide about the skill and expertise of the candidate to be appointed for the particular post. Thus, even if in the past or under the previous recruitment process held 02 years back i.e. in the year 2017, the skill test requirement was declared as "typing test on computer at 40 w.p.m. in English". The same criteria or manner of test cannot be held to be binding on the Respondent No 1 for all the Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= years to come and the aforesaid decision Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 about the necessary qualifications, experience and manner of testing expertise can be changed by the management as per their policies.
6.4 It is submitted that the candidate who has failed in the skill test cannot make 26 OA No.2165/2020 any claim for being appointed to the post.
Even if the applicant had scored 74% marks in the written test, he was found not-suitable by the selection committee under the skill/trade test.
6.5 It is humbly submitted that the aforesaid rejoinder filed by the applicant is nothing but repetition of the grounds raised under the original application and they are contrary to the entire record of the recruitment annexed to the present original application as well as filed by the respondent with the written statement and the present reply to the rejoinder, thus, none of the grounds raised by the applicant can be Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= entertained by this Tribunal and the OA is Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 liable to be summarily rejected with cost.
7. The applicant has filed sur-rejoinder to the reply of respondent No.1 reiterating and elaborating the averments made in the OA. It has been submitted that when the DoPT OM dated 29.12.2015 has discontinued practice of 27 OA No.2165/2020 interviews of candidates for junior level posts, the respondent No.1 could not have conducted any skill test. It has been submitted that the skill test/trade test does not mandate to be conducted on computer only. Further, the skill test/trade test in computer environment was not held. Thus, there is clear violation of DoPT OM which is law under Article 13 of the Constitution of India.
7.1 It has been submitted that in the entire reply of the respondents, there is no document assessing the applicant's skill is filed despite specific direction of the Tribunal. When all the Ministries and all Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= CPSE's are holding skill test in computer Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 environment why the respondent did not hold it in the computer environment leads to the inference of favoritism to certain candidates that skill test and typing test on computer was not held and, therefore, the impugned action is unsustainable.28 OA No.2165/2020
7.2 It has been submitted that due to the skill test, the applicant who had scored 74 marks in written test was disqualified and those with 60 marks were selected and that too when there is no record of skill test.
8. The respondent No.1 in turn has filed reply to sur-rejoinder of the applicant stating that in line with the F. No. DPE-GM-
01/0001/2015-GM-FTS-4857 dated 14.12.2015 of Department of Public Enterprises, MECL has already discontinued the Interview for Group B&C positions dated 05.05.2016. Since, MECL has already discontinued the interview across Group B&C positions as per above Office Memorandum of DPE, the permission from Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= Ministry to hold interview for alternate mode Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 or where interview is considered essential to assess skills, does not arise. MECL is a Public Sector Undertaking and not a Department of Govt. of India. Therefore, it is primarily governed by Department of Public Enterprises (DPE) and its guidelines. Basis 29 OA No.2165/2020 the DPE guidelines, the recruitment rules are formulated by the respective Board of PSUs. Therefore, DoPT's OM are not applicable to MECL which is governed by DPE guidelines and as such OM dated 17-05-2010 as desired by the applicant is not applicable to MEC. Further, it is clearly stated in the detailed advertisement that skill test will be conducted, taking into consideration job requirements for the specific pool(Assistant (Materials)(W-4) in this instance), as per rules of the company, as such the conducting of skill test has to be mandatorily a typing test is nothing but an interpretation of the applicant based on Govt. Agencies mode of Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= recruitment process, which is not correct. Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0
8.1 It has been submitted that the recruitment rules of a CPSE are formulated by their respective Boards in line with the DPE guidelines, likewise, the Board of MECL has also formulated its recruitment rules and same are being followed. Therefore, 30 OA No.2165/2020 recruitment rules of other CPSEs are not mandatorily applicable to MECL. With regard to DRDO, the same is a government agency under Ministry of Defence, unlike CPSES. Therefore, recruitment rules of DRDO are not mandatorily applicable to MECL. Since MECL being a CPSE follows Department of Public Enterprises (DPE) guidelines and have its own recruitment rules formulated by the Board of MECL and are following the same in a fair manner. Hence, there is no violation under law as stated by the applicant.
8.2 It is reiterated that all the candidates were equally informed through detailed advertisement regarding mode of Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= skill test and accordingly they were judged Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 based on the performance under skill test conducted by the Skill Test Committee. Therefore, the allegation of favouritism to any candidate is specifically denied in totality. It is unfortunate that the candidate could not perform in the skill test 31 OA No.2165/2020 as conducted by the Skill Test Committee despite having scored 74 marks in the written test for the post of Assistant (Materials) (W-4). Therefore, upon being found not suitable in skill test which is qualifying in nature, the candidate was found not suitable for the post of Assistant (Material) (W-4) and was not selected for which applicant himself is to be blamed. As mentioned in previous replies, all the allegations stated by the applicant are imaginary and far from facts, hence denied. The allegation of applicant that Respondent no. 1 deliberately mislead the Hon'ble Tribunal is specifically denied. It is stated that all the details Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= regarding Skill Test and Trade Test are Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 clearly mentioned under detailed advertisement no. 03/Rectt/2019 dated 13.08.2019 and same was given for wide publicity. The subject pertains to the post of Assistant (Materials) (W-4), wherein "Skill Test" was conducted by the Skill Test 32 OA No.2165/2020 Committee and the same expression of "Skill Test" was used, while the detailed advertisement contains various other Group BSC Positions, where Skill Test or Trade Test are conducted for various positions taking into consideration job requirements for the specific post, as per rules of the company.
9. The applicant in turn has filed rejoinder to the reply of respondents to sur- rejoinder reiterating and elaborating the earlier submissions. It has been submitted that since skill test was not held on computer environment, selection was unsustainable in law.
10. The respondent No.2 has also filed Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= written statement supporting the submission Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 of respondent No.1.
11. During arguments learned counsel for both the sides have argued their case on the basis of the pleadings.
12. It is the case of the applicant that the respondents have conducted the interview 33 OA No.2165/2020 in the garb of document verification / skill test which is in violation of the DoPT OM dated 29.12.2015. He is aggrieved that even though he scored higher marks in written test, he was held to be not qualified in the skill test.
12.1 Mr. Fidvi has submitted that in the advertisement, it was mentioned that skill test will be conducted in the Computer Environment. However, the skill test was not conducted in the Computer Environment and, therefore, the same was in violation of the advertisement. He further submitted that even though three posts are reserved for the SC category, however, all the three posts were Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= kept vacant in the SC category. He is further Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 aggrieved by the appointment of respondent No. 2 who has scored lesser marks than him in the written test but has been selected on the basis of skill test and, therefore, prayed for appointment of the applicant and grant him full salary and allowances. Learned 34 OA No.2165/2020 counsel for the applicant Shri I.A. Fidvi has placed reliance on the judgment of Hon'ble Supreme Court in the case Krishna Rai (DEAD) Through Legal Representatives and Others Vs. Banaras Hindu University Through Registrar and Others, (2022) 8 SCC 713.
13. Learned counsel for the respondents, on the other hand, has fully justified the selection and in addition to relying upon the pleadings has supported his arguments by producing the documents in respect of report of written test/skill test/trade test committee dated 13.12.2019, select panel/wait list dated 13.12.2019 prepared by the committee consisting of 7 officers which was headed by General Manager (P&C) as Chairman, Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Merit List dated 13.12.2019 prepared by the Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 committee of 7 officers headed by the General Manager (P&C) as Chairman, Performance Report of the candidate in skill test, document verification report dated 13.12.2019, Attendance sheet of candidates called for document verification and skill test for the 35 OA No.2165/2020 post of Assistant (Materials) W-4 and list of candidates called for document verification/skill test on 13.12.2019 and also the result of written test held on 12.12.2019, marks obtained out of 100 by the candidates who have appeared in the written test alongwith the attendance sheet of the candidates who appeared in the written test.
He, therefore, prayed that the OA is devoid of any merit and deserves to be dismissed.
14. We have heard learned counsel for both the sides and perused the pleadings and documents filed on record. We have given our thoughtful consideration to the rival submissions.
Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone=
15. It is seen from the Advertisement Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 No.03/Rectt./2019 dated 13.08.2019 (Annexure- A-2) that the respondents have issued the advertisement for recruitment for non- executive posts in MECL.
15.1 MECL is a public sector undertaking and a Miniratna-I enterprise of Government of 36 OA No.2165/2020 India. There were 17 different categories for which recruitment was to be received. The applicant is concerned with the post of Assistant (Materials) mentioned at serial no. 11 in the table of post for which recruitment was made. The essential qualification mentioned is Graduate with Mathematics or B.Com and Certificate in Typing with 40 wpm in English from Govt. recognized institutes/board.
15.2 In para 2 of the advertisement in the selection procedure, it has been mentioned that the selection process will entail shortlisting of candidates based on academic credentials, relevant experience and suitable Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= expertise, followed by Written Test, Document Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 Verification & Skill test in computer environment/ Trade test in concerned trade, taking into consideration job requirements for the specific post, as per rules of the company. All the tests will be conducted at Nagpur City only.37 OA No.2165/2020
16. In clause 10 of para 8 of the advertisement, pertaining to General Information and Instructions, it has been stated that the decision of MECL management as to the eligibility or otherwise of a candidate for Written Test/Skill Test/Trade Test shall be final. The same is reproduced for ready reference:-
"Merely meeting the prescribed qualifications and experience shall not entail a candidate to be called for selection process. Where the number of applications received in response to the advertisement is large, the Company reserves its right to fix the criteria for calling the candidates on the basis of essential educational qualification, relevant experience, etc. and keeping in view the number of vacancies. The decision of MECL management as to the eligibility or otherwise of a candidate for Written Test/Skill Test/ Trade Test shall be final.
(Emphasis supplied)"
Milan Jackson Alphanso Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0
17. Thus, it is clear from the advertisement notice that the respondents have clearly mentioned that eligibility of a candidate will depend on the Written Test as well as Skill Test/Trade Test and not merely on the basis of the marks in the Written Test. The applicant has not challenged the 38 OA No.2165/2020 advertisement notice or the conditions mentioned in the advertisement notice. Thereafter, the admit card was issued to the applicant (Annexure- A-3). On perusal of the admit card, we find that even in the admit card, under important instructions, it has been mentioned that "candidates qualified in Written Test will have to present themselves for Document Verification and Skill test on 13th December, 2019, as per the schedule announced on the MECL website failing which their candidature will be treated as cancelled".
18. It is to be noted that candidates will be allowed for the Skill test only if Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= their documents are found correct as per Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 advertisement. Candidates whose documents are found incorrect will not be allowed for the Skill test and will be rejected. Mere appearance/attendance in the Written Test/Documents Verification/Skill Test does not imply /bind MECL to select the candidate 39 OA No.2165/2020 for employment and candidature for the post is provisional and is subject to fulfilment of educational and other eligibility criteria as prescribed for the post in accordance with out Advt.No.03/Rectt./2019.
19. We further find that the skill test was held on 13.12.019. The applicant participated in the skill test and he did not raise any objection regarding the skill test. The result was published. He waited till the publication of the result which was published on 13.01.2020 and it is only after that when his name did not appear in the list of the selected candidates, he has raised the issue of interview having been conducted in the Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= garb of the document verification / written Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 test. However, till the declaration of the result, he did not raise any objection. We find that the respondent no. 1 being a Public Sector Undertaking (PSU), they are governed by the Department of Public Enterprises (DPE)and its guidelines. Based on the 40 OA No.2165/2020 guidelines of the DPE, recruitment rules are formulated by the respective board of PSUs.
It has been contended that they have abolished the factum of interview. However, since the selection was for the post of Assistant (Material) wherein the job requirement is of the purchase of the material, suitability of the candidate in respect of that job was tested on the basis of skill test.
20. It has been submitted that the said skill trade/trade test in the concerned trade i.e. skill of the candidate for the post of Assistant (Materials) was conducted by showing the candidates tender notices for Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= material, quotation offered by the parties Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 supplying materials, supply orders, G.S.T. invoices, challans, material inspection report and other related documents concerning the materials department were shown to the resp. candidates to access their skill in respect of the post of Assistant (Materials). 41 OA No.2165/2020 No interviews whatsoever were conducted by the respondent as falsely contended by the applicant. The emphasis of the applicant on the fact that no skill test on computer was conducted is highly misplaced and contrary to the "selection procedure" as notified under the recruitment notice Annexure A-2 and the policy of the Government of India.
21. As far as the reliance of the counsel for the applicant on the judgment of the Hon'ble Supreme Court in the case of Krishna Rai (supra) is concerned, it was held that the suitability criteria must be laid down by rule-making authority and not Selection Board unless specifically authorized. In that case, Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= there was no authorization to Board of Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 Examiners to lay down selection criteria. Besides, there was clear violation of criteria laid down by rule-making authority. However, in the case under consideration, we do not find that any violation of the rules as the respondents have specifically denied 42 OA No.2165/2020 conducting of any interview and the applicant has not raised any objection when the skill test was conducted on 13.12.2019 and kept quiet for complete one month till the result was declared on 13.01.2020. Therefore, having not challenged the advertisement notice, having participated fully in the selection process till the end and only after he was not selected, he has raised the issue of interview having been conducted in the garb of the document verification / written test.
Therefore, the said judgment is
distinguishable on facts.
22. We further find that in the skill
test for the said post of Assistant
Digitally signed by Milan Jackson Alphanso
DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= (Material), 24 candidates have participated, Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 in which the applicant whose name appears at serial No.6 and other candidates at serial no. 2, 12, 17 and 22 were not found suitable by the Committee consisting of 6 officers under the chairmanship of GM(P&C). The candidate at serial No.2, who was also not found suitable, 43 OA No.2165/2020 was having 77 marks in the written test while the applicant whose name appears at serial no. 6 was having only 74 marks. Therefore, it cannot be said that any discrimination was meted out to the applicant.
23. On the other hand, we find that Hon'ble Supreme Court in the case of Tajvir Singh Sodhi and Others versus State of Jammu and Kashmir and Others, (2023) 17 SCC 147, has held that a candidate who participated in a selection process without any demur or protest and is later found unsuccessful, principle of waiver and acquiescence will be applicable. It will be relevant to extract the observations of Hon'ble Apex Court as recorded in para 38 and Milan Jackson Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso 39 of the said judgment hereunder:-
Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 "38. The next aspect of the matter which requires consideration is the contention of the writ petitioners to the effect that the entire selection process was vitiated as the eligibility criteria enshrined in the advertisement notice dated 5-5-2008 was recast vide a corrigendum dated 12-6-
2009, without any justifiable reason. In order to consider this contention, regard may be had to the following case law:
38.1. In Manish Kumar Shahi v. State of Bihar, this Court authoritatively declared that having participated in a selection 44 OA No.2165/2020 process without any protest, it would not be open to an unsuccessful candidate to challenge the selection criteria subsequently.
38.2. In Ramesh Chandra Shah v. Anil Joshi, an advertisement was issued inviting applications for appointment for the post of Physiotherapist. Candidates who failed to clear the written test presented a writ petition and prayed for quashing the advertisement and the process of selection.
They pleaded that the advertisement and the test were ultra vires the provisions of the Uttar Pradesh Medical Health and Family Welfare Department Physiotherapist and Occupational Therapist Service Rules, 1998. After referring to a catena of judgments on the principle of waiver and estoppel, this Court did not entertain the challenge for the reason that the same would not be maintainable after participation in the selection process. The pertinent observations of this Court are as under: (SCC p. 320, para 24) "24. In view of the propositions laid down in the abovenoted judgments, it must be held that by having taken part in the process of selection with full knowledge that the recruitment was being made under the General Rules, the respondents had waived their right to question the advertisement or the methodology adopted by the Board for making selection and the learned Single Judge and the Division Bench of the Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 High Court committed grave error by entertaining the grievance made by the respondents."
38.3. Similarly, in Ashok Kumar v. State of Bihar, a process was initiated for promotion to Class III posts from amongst Class IV employees of a civil court. In the said case, the selection was to be made on the basis of a written test and interview, for which 85% and 15% marks were earmarked respectively as per norms.
Out of 27 (twenty-seven) candidates who appeared in the written examination, 14 (fourteen) qualified. They were 45 OA No.2165/2020 interviewed. The committee selected candidates on the basis of merit and prepared a list. The High Court declined to approve the select list on the ground that the ratio of full marks for the written examination and the interview ought to have been 90:10 and 45 ought to be the qualifying marks in the written examination. A fresh process followed comprising of a written examination (full marks- 90 and qualifying marks- 45) and an interview (carrying 10 marks). On the basis of the performance of the candidates, results were declared and 6 (six) persons were appointed on Class III posts. It was thereafter that the appellants along with 4 (four) other unsuccessful candidates filed a writ petition before the High Court challenging the order of the High Court on the administrative side declining to approve the initial select list. The primary ground was that the appointment process was vitiated, since under the relevant rules, the written test was required to carry 85 marks and the interview 15 marks. This Court dismissed the appeals on the grounds that the appellants were clearly put on notice when the fresh selection process took place that the written examination would carry 90 marks and the interview 10 marks. The Court was of the view that the appellants having participated in the selection process without objection and subsequently found to be not successful, a challenge to the process at their instance was precluded. Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 The relevant observations are as under:
(SCC p. 363, para 13) "13. The law on the subject has been crystallised in several decisions of this Court. In Chandra Prakash Tiwari v.
Shakuntala Shukla, this Court laid down the principle that when a candidate appears at an examination without objection and is subsequently found to be not successful, challenge to the process is precluded. The question of entertaining a petition challenging an examination would not arise where a candidate has appeared and participated. 46 OA No.2165/2020
He or she cannot subsequently turn around and contend that the process was unfair or that there was a lacuna therein, merely because the result is not palatable. In Union of India v. S. Vinodh Kumar, this Court held that:
(SCC p. 107, para 18)
18. It is also well settled that those candidates who had taken part in the selection process knowing fully well the procedure laid down therein were not entitled to question the same (see also Munindra Kumar v. Rajiv Govil and Rashmi Mishra v. M.P. Public Service Commission)"
39. It is therefore trite that candidates, having taken part in the selection process without any demur or protest, cannot challenge the same after having been declared unsuccessful. The candidates cannot approbate and reprobate at the same time. In other words, simply because the result of the selection process is not palatable to a candidate, he cannot allege that the process of interview was unfair or that there was some lacuna in the process. Therefore, we find that the writ petitioners in these cases, could not have questioned before a court of law, the rationale behind recasting the selection criteria, as they willingly took part in the selection process even after the criteria had been so recast. Their candidature was not withdrawn in light of the amended criteria. A challenge was Digitally signed by Milan Jackson Alphanso DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0 thrown against the same only after they had been declared unsuccessful in the selection process, at which stage, the challenge ought not to have been entertained in light of the principle of waiver and acquiescence.
(Emphasis supplied)"
24. In view of the above facts and circumstances of the case, we do not find any merit in this Original Application and the 47 OA No.2165/2020 same is liable to be dismissed and is, accordingly dismissed. Pending MAs, if any, stand closed. There shall be no order as to costs.
(Umesh Gajankush) (Shri Krishna)
Member (J) Member (A)
ma/nk.
Digitally signed by Milan Jackson Alphanso
DN: C=IN, O=Personal, OID.2.5.4.65=0815a10efc18484c96f92d4cf96b158b, Phone= Milan Jackson 30f7d919c844ed7f75e7bc56633df96108338768adae5582338f0d13d4f0f1dc, PostalCode= 401203, S=Maharashtra, SERIALNUMBER= 6b7c9269fe100118bd94c76380691e4802b189a40578bdd0fd757c8b8babf6f4, CN=Milan Jackson Alphanso Alphanso Reason: I am the author of this document Location:
Date: 2026.01.09 11:00:03+05'30' Foxit PDF Reader Version: 2024.4.0