IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 3605 of 2008 Between: Mohammad Kamal Basha S/o. Late Ashruddin, R/o. Q.No.101, J, Sector-9, Ukkunagar, Visakhapatnam. ..... PETITIONER AND 1 The Chairman cum Managing Director, Rashtriya Ispat Nigam Limited, Vizag Steel Plant, Visakhapatnam. 2 The Deputy Chief Manager (Personal-Recruitment) Rashtriya Ispat Nigam Limited, Vizag Steel Plant, Visakhapatnam. 3 The Asst. General Manager, (Recruitment cell) Personal Department, Rashtriya Ispat Nigam Limited, Vizag Steel Plant, Visakhapatnam. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue any appropriate Writ or Direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents not publishing the result conducted on 07.01.2007 for the post of Management Trainee (Administration) Material Management under notification No.06/06, dt. 201.10.2006 is illegal, arbitrary under Articles 14 and 16 of the constitution of India and against to the principles of natural justice and contrary to service rules and consequently direct the respondents to publish the results of written test for the post of Management Trainee (Administration) Material Management conducted on 07.01.2007 through employment notification No.06/06 dt. 20.10.2006 and pass such other and further orders Counsel for the Petitioner:MR.C.H.MURALI KRISHNA Counsel for the Respondent No.: MR.V.RAVINDER RAO The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 3605 of 2008 ORDER: The Rashtriya Ispat Nigam Limited, for its steel plant at Visakhapatnam, intended to undertake recruitment of 128 Management Trainees (Technical), 8 Management Trainees (Administration) - Materials Management (MM) and 14 Management Trainees (Administration) - Human Resources (HR), by issuing Employment Notification No.6 of 2006. Fresh candidates as well as those, who were already in service of the steel plant, were eligible to apply. The qualifications for the three posts were described separately. The selection process included conducting of a written examination and group discussion/interview. The written test was conducted on 07.01.2007. The selection process for the first category of posts was proceeded with, and selected candidates were also issued orders of appointment. The petitioner applied for the second category of posts. He too appeared in the examination, along with certain other candidates, on 07.01.2007. His grievance is that the respondents did not take any steps for selection and appointment of candidates for the second and third categories of posts. He seeks a direction to the respondents to publish the results in the written test conducted on 07.01.2007 for the posts of second category. He contends that the action of the respondents is discriminatory in nature and that there is no basis for the respondents, in not proceeding with the selection of the said posts. On behalf of the respondents, a counter affidavit is filed. It is admitted that the notification was issued for the three categories of posts in the manner, referred to above. It is stated that the Central Bureau of Investigation (CBI) has examined the complaints as regards the defect and discrepancy, in the matter of prescribing the eligibility criteria for the posts of Management Trainees (Administration)- MM&HR, particularly with reference to the lack of clarity about the Post Graduate studies, and in that view of the matter, the further steps for selection, in relation to the said two categories, were abandoned. It is also stated that a fresh notification with proper description of qualifications was issued. Heard Sri Chintala Murali Krishna, learned counsel for the petitioner and Sri V.Ravinder Rao, learned Standing Counsel for the respondents. The posts, referred to above, are superior in nature and needed fairly higher qualifications. Several specializations within the said posts existed. For instance in the post of Management Trainee (Technical), separate disciplines existed for Mining and Geology. Qualifications were accordingly stipulated with reference to the specializations. The requirement was Post Graduate Degree from a recognized Indian University with 60% of marks in the aggregate. Except that the other two categories of posts are on the administrative side, the qualifications were almost identical. In respect of every qualification, it was clearly mentioned that the concerned degree must have been secured after a full time regular study, in contradiction to correspondence or part time courses. Either on account of accidental omission or inadvertent mistake, the qualifications for the posts of Management Trainees (Administration)-MM & HR were not properly stipulated. The basic requirement for these posts is a full time regular bachelor’s degree and MBA full time course of two years or more duration with the respective specialization, with not less than 60% of marks. In the alternative to MBA, Post Graduate Degree or Post Graduate Diploma with full time course of two years or more duration was stipulated. However, in the case of MM, instead of Post Graduate Degree “Graduate” was stipulated and no reference was made to the requirement of full time study of the course for a period of two years or more duration. This naturally paved the way for otherwise unqualified candidates to apply. The CBI found fault with this and directed the abandonment of the selection, which has taken place up to that stage vis-à-vis these two categories of posts. Without any further loss of time, a fresh notification was issued for these very posts. The petitioner cannot be said to have suffered any detriment or loss, much less, prejudice, on account of such corrective steps. This Court is not inclined to grant any relief to the petitioner. The writ petition is, accordingly, dismissed. There shall be no order as to costs. _________ 08.04.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 3605 of 2008 Date: 08.04.2008 JSU