High Court · 2025

Petition under Article 226 of lhe congtitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleasedtoissueawrit,orderordirectionmoreparticularlyoneinthenatureof Writ of Mandamus or any other appropriate writ (i) declare the proceedings vide Ref.No'CRP/PER/R/05/2018/l0S6dated24.ll.2ol}innotconsideringthecaseof the petitioner for appointment to the post of lt/otor Mechanic Trainee category-l (External) is wholly illegal, arbitrary and consequently set aside the same' (ii) directtheRespondentstoconsiderthecaseofthePetitionerforappointmentto the post of Motor Mechanic Trainee Category-l (External) in pursuance to I t : j i L I .*;' i I I I Notification No.2 of 201 5 under B.C. B-category since the Petitioner is the next eligible candidate for the post of Motor Mechanic Trainee Category-l (External). lA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to consider the case of the Petitioner for appointment to the post of lt,lotor Mechanic Trainee Category-l (External) in pursuance to Notification No. 2 of 2015 in the vacancy by suspending the proceedings vide Ref: No. CRP/PER/Fy05/2018/1086 dated 24.11 .2018. Counsel for the Petitioner: SRI MEKALA GOUTHAM KUMAR Counsel forthe Respondents: SRI P. SRI HARSHA REDDY, S.C. FOR SINGARENI COLLIERIES CO. LTD. The Court made the following: ORDER -q'.rtx TI{E HON'BLE SRI J(,STICE NAGESH BHEEMAPAKA WRIT PETITION No.45687 of2OLa ORDER: The case of the petitioner is that he possesses SSC and ITI in Motor Mechalic Trade in 2006' He further submits that respondent company issued Notihcation No'2 of 2O 15 for the post of Executive and Non-Executive cadre' He applied for the said notification and the written test was conducted on 18.12.2016, the results of which were declared on the same day. Petitioner secured 48'88 marks' However' the selection list was not hnalized on the ground that some ineligible candidates filed W.P.No. 43666 of 2016 and obtained an interim stay' As a result, the results were not declared, nor were appointment orders issued. Consequently, petitioner' along with others' filed implead and vacate Petitions' In the vacate petition filed by the selected caldidates' including the petitioner and the management' this Court directed the management to declare the results ald issue appointment orders to the selected candidates' Accordingly' the provisional selection list was displayed on O5'O6'2O 17' Under the BC "B" category, there were three posts' Only two I 2 NBK,J W.,. No-45687 of 2018 candidates joined, i.e., Balram Sama-la ard Aldandi Nagaraju; however, Shzrreef Sk, Waralga1, did not .;oin. :jince the petitioner is tr-re next meritorious candidate under the BC ,B,, category, it was an obligation on the part of the respondents to consider the nr:xt meritorious candidate, as the selcction list was frnalized on 05.06.20|T. petitioner approar:hed the respondent authorities several times; however, his cas,: was not considered, despite being in the zone of consideration in pursuance of Notification No.2 of 2015. He submits that. in the impugned pro<:eedings, it is stated that in the everrt of any vacalcies arising subsequently, or selected candidates failing to join, or selected candidates resigning after join..ng, the candidates shall be selected from the merit list in ac,::ordance with the Rule o1'Reservation during the validity o[ one les1, i.g., the panel year. from 10.06.2017 to 09.O6.2018. Therefore, petitioner's casr: should have been considered for the post of Motor Mechanic Trainee Category_I (External).

2. Learned counsel for the petitioner submits that erlthough the notihcation js of 2015 and the merit list were provr sionally displayed on 05 06.2or2, the 3.a ca,didate who secure,i so.oS marks did not join. Hence, the next meritorious candid,ate (the 3 NBKJ W.P. No.456!7 of 201E petitioner) should have been considered under the BC "B" category. Despite being aware of this vacancy' the respondents failed to consider the petitioner's carr didature before 09.06.2018. Petitioner submitted a rePresentation on not considered bY the 13.08.2018; however' the same was respondents. Subsequently, petitioner filed W'P'No' 35078 of 2018, requesting consideration of his case for appointment to thepostofMotorMechanicTraineeCategory-Iinpursuanceof Notification No.2 of 2015' This Court directed the respondents to consider the representation dated 13'08'2018 and pass appropriate orders. However' the 3'd respondent' on 24.ll.2ll8,rejected the petitioner's case' leading to the frling of the present writ petition' Petitioner further submits that the respondent issued Notification No'5 of 2Ol7 for the post of MotorMechanicTraineeCategory-I,notifyingoC,BC,BC,'D,,' SC, and ST categories' However' the post notihed in Noti{ication No.S of 2017 was not hlled' and the vacanby still exists' Therefore, the respondents should have considered the petitioner's case for appointment to the post of Motor Mechanic Trainee Category-I' \ 4 NBKJ l '.P. No.45687 of 2018

3. Learned counsel for the petitioner relied on Recruitment rules and as per Rures 9.1 and 10.1 of the Recruitment Rures which reads zLs; follows: "9.1 After making selections for the number ,:f posts requirecl tc be filled up immediately, the final nrerit list generatecl, based on both the written test and ir terview, will be kept valid for a period of one year from tht: date of approval of the selection list. Irr the event of any vacarcies arising subsequently, selected carrdidates failing t.o join, or selected caldidates resignirrg after joining, candidates may be selected from the sard merit list by application of the Rule of Reservation.,, Matters to be approved by C & M.D.: 10.1: In the event of the panel being exhausted lrefore oj one year ald vacancies remEijning ,h.-.,,"r.pi! unfilled, O & M.D. may approve caJling another round of interviews to makl a selection fiom amon51 the candidates who have secured the required qualr fying marks in tl-re same written test but welre not calk,,d for intervievr.s. " ^

4. Learned counsel further submits that, under iiules 9. 1 and 10.1 of the Recruitment Rules, if the 3,a candidar e did not join duties, thr: ng><1 meritorious candidate, i.e., the petitioner who secured 48.88 marks, ought to have been considered.

5. Learned Standing Counsel submits that petition".Yo, -ua" the representatio;r within considerable time therefore respondent authorities rejr:cted the for respondent(.lompany l. 5 NB(,J W.P. No.45687 of 2018 case of the petitioner and respondent authorities followed the due procedure in accordance with law' perusing the 6. Considering the submissions made' record, the writ petition is allowed' This Court frnds that the resPondents failed to consider the Petitioner's candidature for the post of Motor Mechanic Trainee Category-I under Notification No'2 of 2O15' d'espite the petitioner being the next meritorious candidate under the BC "8" category and a vacancy arising due to the non-joining of a selected candidate. The Court observes that as Per Rr.rle 9 1 of the Recruitment Rules' the merit list was valid for one Yea-r' and the resPondents' inaction during this period camsed procedural unfairness' Ttre respondents are directed to reconsider the petitioner's case for appointment to the said post and' if found eligible' shall issue an appointment order' This process must be completed within s1X w eeksfromthedateofreceiptofthisorder.Noordera . Miscellaneous applications' if any' pending in this petition, shall stand closed' SD/-A. SRINIV ASSISTANT ASA G ST DDY RAR /TTRUE COPY// SECTPN OFFI CER To, 1 2 i:;[t*,h'[fli;*6-d**r#;"f; r{*"ffi il:: :{ \

3. The General l\4anager, (Personnel) RC' lR and PM Singareri C-ollie-ries C^o- " iiritJ tn Gn,errireni'cor.np'nvl Kothagudem Collieries (Po) 507 101 .l +. ON" CC tO SRI MEKALA GOUTHAM KUMAR' AdVOCAIE [OPLIC] 5. One CC to SRI P. SRI HARaHA neOOV, S.C' for Singarerri Collieries Co' Bhadradri Kothagudern District' Ltd. [oPUC] 6. Two CD CoPies MP LS o t I HIGH COURT DATED:1810312025 { lE SI4 7 1 \ \1)a a P z ,' ir i ',rFlt tlr rl (f(! \ ) (-) * c ,./ ,,, -- ----.-)--' ORDER WP.No.45687 of 2018 ALLOWING THE WRIT PETITION WITHOUT COSTS 09