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4.3. It is accordingly contended that since Petitioners in terms of the advertisement don't have the essential eligibility that is certificate of competency (unrestricted), the Writ Petition at the threshold is not maintainable.

4.4. It is however contended that because of the nature of interim order passed by this Court on 13.07.2023 in both the Writ Petitions, 44 (forty four) of Mining Sirdar (T & S) Group-C and 6 (six) posts of Junior Overman (T & S) have not been filled up while completing the selection process pursuant to Annexure-1. It is also contended that Regulation 247 on which much reliance has been placed, is no way applicable to the claim of the Petitioners, as the said regulation is made applicable subject to the provisions contained under various other regulations.

4.12. It is also contended that Petitioners have never made any applications pursuant to Annexure-1 and taking into account the nature of interim order passed initially by this Court on 17.02.2023 and the modified order passed on 13.07.2023, the selection process has already been completed with appointment of the selected candidates save and except the non-filling of 44 posts of Mining Sirdar and 6 posts of Junior Overman.

4.13. It is contended that since no such interim prayer was ever made before this Court to allow the Petitioners to make the application and to participate in the selection process, and since the selection process has already been completed in the meantime, Petitioners cannot be allowed // 24 // to take part in the recruitment process and their prayer to have a special examination for them is not permissible.

6.3. Petitioners since admittedly do not have the required unrestricted certificate of competency, placing reliance on the decisions so cited by the learned counsels appearing for the MCL, it is the view of this Court that while exercising the power of judicial review, such a stipulation cannot be declared as illegal or arbitrary.

6.4. It is also the view of this Court that since Petitioners have not made their applications pursuant to Annexure-1 and never participated in the selection process and no such interim prayer was also ever made to allow them to participate and since the selection process has already been completed pursuant to order dated 13.07.2023 with only 54 numbers of posts not filled up, this Court is of the view the no relief can be extended to the Petitioners at present.