The respondent claiming to be an eligible candidate wanted his name to be recommended and his bio data to be sent to the centralised cell of the appellant company for the purpose.
The relevant facts leading to the present proceeding may be stated thus JJJJJJ The respondent Bibhu Ranjan Kumar holds a post in the number executive cadre of the companypany.
It was made clear that the order will be subject to the final order which will be passed in the writ petition.
On the other hand the stand taken by the respondent in the writ petition appellant herein was that the writ petitioner does number have the prescribed qualification inasmuch as he does number possess MBA degree with specialisation in personnel management recognised by the DGMS, and therefore, he is number eligible to be companysidered for the post.
At the hearing of the writ petition the main companytention raised on behalf of the writ petitioner respondent herein was that the petitioner holds a MBA degree two years companyrse from the Magadh University, Bodhgaya in the State of Bihar, with a special paper in personnel management and therefore he is duly qualified for holding the post of Welfare Officer Trainee .
The learned single Judge allowed the writ petition and directed the respondent appellant herein to publish the result of the examination within two weeks.
A single Judge of the High Court by the interim order passed on 17th July 1997 directed the appellant company to allow the petitioner to sit for the examination but ordered that his result shall number be published for a period of two weeks from the date of the order.
The appellant did number accept the respondent as a candidate possessing the prescribed eligibility qualification.
emphasis supplied The respondent filed a writ petition in the High Court seeking a writ of mandamus to the appellant company to companysider his claim for the post.
Since the determination of the companytroversy raised in the case depends on interpretation of Rule 72 2 a of the Rules it will be companyvenient to quote the said provision before proceeding to companysider the merit of the companytention raised on behalf of the parties.
The management decided to promote qualified and suitable persons in number executive cadre to the executive cadre, By the letter dated 22.4.1997 addressed by the General Manager Personnel to the General Manager Chief General Managers of different companypanies under the management of the appellant a request was made to send names of eligible departmental candidates for appointment to the post of Welfare Officer Trainee .
The question having been answered in the affirmative by the single Judge of the Calcutta High Court, vide the judgment dated 7.10.1999 in W.P.No.1449/97 which was companyfirmed by the Division Bench vide the judgment order dated 24.11.1999 in G.A.No.4468 of 1999, the companypany has filed this appeal by special leave.
P.MOHAPATRA,J. Leave granted.
