IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A.No.391 of 2008
Pramod Kumar & Others. ... ... ...Appellant(s)
-Versus-
Bharat Coking Coal Limited & Ors. ... ...Respondent(s)
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CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE D.K.SINHA
For the Appellant(s): Mr. Lalan Kumar Singh, Advocate.
For the Respondent(s): Mr. Ananda Sen, Advocate.
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03/ 09.02.2009
This appeal has been filed against the order dated 04.09.2008
passed by the learned Single Judge in W.P.(S)No.5585 of 2007 which had been
filed by the petitioners/appellants herein for issuance of a writ in the nature of
mandamus directing the respondents to appoint the petitioners/appellants on the
post of junior Overman and Mining Sardar which posts had been advertised to be
filled up vide Advertisement No.1762(NEE) published in the Employment News
dated 06.01.2007.
The writ petition was dismissed, inter alia, on the ground that the
petitioners were not possessing requisite qualification for appointment on the
post of Overman and Mining Sardar as they had no valid Overmanship certificate
of competency issued by the Director General of Mines Safety, Dhanbad with
valid First Aid and Gas Testing Certificate which was the essential qualification
for appointment. Beside this, the learned Single Judge has also observed that
the petitioners never applied for the post which was advertised and the process
of the selection is over and now the persons have even been appointed on the
post of junior Overman and Mining Sardar.
Learned Counsel for the appellants submitted that the learned
Single Judge has wrongly recorded that the petitioners were not duly qualified for
appointment, as they have valid Overmanship certificate. If the Counsel’s
submission is correct, then obviously this will have to be treated as an apparent
error on the face of the record in so far as the eligibility of the
petitioners/appellants herein is concerned but the same cannot be rectified by
way of filing an appeal and for that purpose the petitioners ought to have moved
by way of a petition for review before the learned Single Judge which have not
been done. Besides this, if the petitioners had never applied for the post, that
also was an additional reason not to entertain the writ petition at their instance.
For these reasons, this appeal is dismissed at the admission stage itself.
If the petitioners succeed in establishing before the appropriate
court that they were duly qualified at the relevant time and had also applied for
the post, it will be open for them to file an appeal against the said order.
[Gyan Sudha Misra, C.J.]
[D.K.Sinha,J.]
S.D./P.K.S.