- (1.) Instant batch of intra-court appeals have been preferred against the self same judgment passed by the learned Single Judge disposing of bunch of petitions impugned dt.30.7.2012.
(2.) At the outset, we firstly would like to record that the present batch of appellants has confined their grievance only in respect to the selection process held for the post of Conductor in reference to the advertisements No.219/2009-10 & 152/2010-11. As there had been several rounds of litigation at the instance of different categories/class of candidates earlier to the appellant-writ petitioners assailing either the validity of condition of holding/possessing HMV Driving Licence for the post of Conductor; migration from reserved category to general category; prejudice caused on account of change in cut off marks of reserved category/general category, rejection of candidature on the ground of partial colour blindness, non-consideration of candidates despite being similarly situated but those who failed to approach the Court on or before 09.11.2011 sacrosanct & other manifold grounds with the assistance of the counsel for the parties we have gone through the pleadings on record & also the submissions made before us & a scrutiny thereof reveals the questions which emerges for our consideration to be summarized as under :- (i) Whether the right of fair consideration of the candidates participated in the selection process held pursuant to advertisement no.219/2009-10 & 152/2010-11 can be evaluated on two different standards/yardsticks by the Corporation in the mode of selection held for the post of Conductor (ii) Whether consent/agreement of the Corporation tendered & recorded by the learned Single Judge in the earlier batch of petitions preferred & known as S.B. Civil Writ Petition No.13855/2011 (Prem Prakash Sharma Vs. RSRTC & Anr.) decided on 09.11.2011 could remain confined to the writ petitioners who approached upto 9-11-2011 (iii) Whether the delay as alleged by the learned Single Judge can be held fatal depriving right of fair consideration of the candidates who had participated in the self same selection process along with those who are saved
(3.) To consider the respective grievance of the different category of candidates, we thus consider it appropriate to take note & narrate the seretum of facts provided to us as under :-;