Madhya Pradesh High Court
Gourav Shukla vs Chairman/Managing Director on 6 December, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VINAY SARAF
ON THE 6 th OF DECEMBER, 2023
WRIT PETITION No. 19646 of 2022
BETWEEN:-
GOURAV SHUKLA S/O VIRENDRA SHUKLA, AGED
ABOUT 32 YEARS, OCCUPATION: PRIVATE JOB R/O
BEHIND P.S. SCHOOL, STREET NO. 3, URRAHAT REWA,
DISTRICT REWA (M.P.) (MADHYA PRADESH)
.....PETITIONER
(BY SHRI HARISH AGNIHOTRI-ADVOCATE )
AND
1. CHAIRMAN/MANAGING DIRECTOR NORTHERN
COLA FIELDS LIMITED POST SINGRAULI
COLLIERY DISTRICT SINGRAULI (M.P.) (MADHYA
PRADESH)
2. NORTHERN COAL FIELDS THROUGH GENERAL
MANAGER PERSONEL/RECRUITMENT,
S IN GR AULI PANJAREH BHAWAN, MOREWA,
DISTRICT SINGRAULI M.P. (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI GREESHM JAIN-ADVOCATE )
This petition coming on for admission this day, th e court passed the
following:
ORDER
With the consent of parties, the matter is heard finally.
2. The petitioner has challenged the order dated 24.9.2021 (Annexure P-6) by which the candidature of the petitioner was cancelled for the post of Amin Grade-D on the ground that the candidate is not fulfilling the minimum essential qualification of experience criteria which was required in Signature Not Verified Signed by: PREETI TIWARI Signing time: 12/9/2023 1:32:15 PM 2 pursuance of Clause 1 (Table A) and Clause 9 (XII) by employment notification dated 22.2.2020. The petitioner applied for the post of Amin Grade-D as per the employment notification issued by the respondent, Northern Coal Fields Limited on 22.2.2020 as unreserved candidate. According to the petitioner he has successfully passed the written examination and after verification of the documents he was declared qualified and provisional appointment letter was issued on 30.5.2021, however, by order dated 24.9.2021 the selection of the petitioner was cancelled. The petitioner submitted the representation to the respondents which was also mechanically rejected by order dated 19.7.2022 and the said orders are under challenge in the present petition.
3. The qualification in the employment notification dated 22.2.2020 for the post of Amin Grade D was; (a) Matriculate or equivalent examination passed from any recognized Board of Examination; (b) Amanat Examination Certificate or Surveyorship Certificate from I.T.I./equivalent recognised certificate in Surveyorship; (c) Two years experience as Amin under State Government or any local authority.
4. The petitioner applied for the post along with documents. The petitioner for the purpose of fulfilling criteria of two years experience submitted three experience certificates one issued by Jal Upbhogya Sanstha Mauganj District Rewa dated 16.5.2016 whereby it was certified that the petitioner worked as Amin in the said society. The second certificate was issued by Birla Cable Ltd. dated 26.5.2018 and the third is also issued by the Birla Cable Limited dated 23.2.2021 whereby it was certified that for the period from 22.5.2017 to 21.5.2018, the petitioner was engaged as apprenticeship training under the Apprentice Act and thereafter he worked with the company since 1.6.2018 as fixed terms training engineer.
Signature Not Verified Signed by: PREETI TIWARI Signing time: 12/9/2023 1:32:15 PM 35. Learned counsel for the petitioner submitted that the petitioner's documents were duly verified and thereafter he was declared successful candidate but later on by the impugned order dated 24.9.2021, he was declared disqualified. He further argued that the order of disqualification is passed without consideration of certificate issued by the Jal Upbhogta Sanstha Mauganj District Rewa which is a local authority. He prays for setting aside the order dated 24.9.2021 and 19.7.2022 and issue direction to appoint the petitioner on the post of Amin Grade D as per selection dated 19.2.2021.
6. Per contra, learned counsel appearing on behalf of the respondent/Northern Coal Fields Limited (NCL) submitted that at initial level, the verification of document was only to the extent that the documents which was annexed with the application were available in original or not, but the qualification criteria was examined later on and after the scrutiny of the documents it was found that the petitioner did not fulfill the essential qualification/experience and therefore, his candidature was cancelled for the reasons mentioned in the order/notice dated 24.9.2021.
7. Learned counsel for the petitioner further argued that the certificate issued by the Jal Upbhogta Sanstha Mauganj District Rewa cannot be treated as certificate issued by a local authority as the same is not the local authority and therefore, the order dated 24.9.2021 and the 19.7.2022 do not require any interference.
8. The core question is that whether the Jal Upbhogta Sanstha Mauganj District Rewa falls under the definition of 'local authority' or not. According to the employment notification, the requirement was of two years experience as Amin under the State Government or any local authority.
Signature Not Verified Signed by: PREETI TIWARI Signing time: 12/9/2023 1:32:15 PM 4Admittedly, in the present matter, the petitioner does not claim that he worked with the State Government. Birla Cable Limited is a private company and the experience certificate issued by the Birla Cable Limited is not helpful to the petitioner. The arguments of the learned counsel for the petitioner that Jal Upbhogta Sanstha, Mauganj District Rewa is local authority based on the basis of the provisions of Madhya Pradesh Sinchai Prabandhan Me Krashko Ki Bhagidari, 1999 which provides the definition of farmers organisation in Section 2 (g) and definition of water users under Section 2 (r). The Chapter 2 of the said Act provides the provisions for farmers organisation and Section 12 speaks about farmers organisation to be a body corporate. Section 17 provides for definition for water users association and Section 20 and 21 provides for their authority and function. However, nowhere in the said Act, it is provided that the said organisation may be treated as 'local authority'. At the most, the Jal Upbhogta Sanstha Mauganj District Rewa may be treated as statutory body.
9. For the purpose of definition of local authority, the provisions under Section 2 Sub section 20 of M.P. General Clauses Act, 1957 have been relied upon by the counsel for the petitioner which reads as under:
"(20) "local authority" means a municipal corporation, municipality, local board, janpad sabha, villae panchayat or other authority legally entitled to, or entrusted by the Government with the control or management of a municipal or local fund;"
10. Learned counsel for the petitioner argued that other authorities legally entitled to or entrusted by the Government with the control or management of a municipal or local fund, has been included in the definitiion of 'local authority' and under the said definition, the Jal Upbhogta Sanstha Mauganj District Rewa is a 'local authority'.
Signature Not Verified Signed by: PREETI TIWARI Signing time: 12/9/2023 1:32:15 PM 511. Learned counsel for the respondent relied upon the definition of 'local authority' prescribed in Section 3 sub Section 31 of the General Clauses Act, 1897 which provides that the municipal committee, district board, body of port commissioners or other authority legally entitled to, or entrusted by the Government with the control or management of a municipal or local fund will be treated as local authority. The definition reads as under:
" 'Local authority' shall mean a municipal committee, district board, body of port commissioners or other authority legally entitled to, or entrusted by the Government with, the control or management of a municipal or local fund;"
12. Learned counsel for the respondents argued that the present petition is devoid of merit and is liable to be dismissed.
13. I have perused the record and considered the definitions prescribed under the the M.P. General Clauses Act, 1957 and and M.P. General Clauses Act, 1897 for the 'local authority'.
14. After considering the definitions of the 'local authority' prescribed in both the Acts by no stretch of imagination, Jal Upbhogta Sanstha Mauganj District Rewa may be treated as 'local authority' and there is nothing on record to demonstrate that whether it is registered body or not, what is the address of that Sanstha and whether it has been formulated under the provisions of Madhya Pradesh Sinchai Prabandhan Me Krashko Ki Bhagidari, 1999 or not. Anyway, the Jal Upbhogta Sanstha Mauganj cannot be treated as 'local authority' because the 'local authority' means the Municipal Corporation or, Municipality, Janpad Panchayat, Gram Panchayat etc., which have been entrusted by the government with the control and management of municipal or local fund.
Signature Not Verified Signed by: PREETI TIWARI Signing time: 12/9/2023 1:32:15 PM 615. The said society does not fall under the definition of 'local authority' and therefore, the respondents have not committed any error in cancelling the provisional appointment of petitioner on the ground that the petitioner does not possess the requisite qualification for the post of Amin Grade D.
16. Consequently, the present petition falls and is hereby dismissed without any order as to costs.
(VINAY SARAF) JUDGE P/-
Signature Not Verified Signed by: PREETI TIWARI Signing time: 12/9/2023 1:32:15 PM