PRASHANT KUMAR,J. - (1.) IN the present writ application petitioner has prayed for issuance of an appropriate writ, direction or order, preferably in the nature of Quo Warranto, for quashing appointment of respondent no.3 on the post of Managing Director, Jharkhand State Mineral Development Corporation (hereinafter referred as JSMDC).
(2.) IT is stated that J.S.M.D.C is a premiere organization of the State of Jharkhand engaged in mining of various minerals such as coal, iron etc. It is further stated that State of Jharkhand considering the importance of J.S.M.D.C had decided to appoint an expert professional on the post of Managing Director from amongst the persons, who have expertised in the field of mine, planning and operation. In view of aforesaid decision, an advertisement issued inviting applications for appointment on the post of Managing Director, J.S.M.D.C on deputation or contractual basis. The said advertisement (Annexure -1) issued in the daily newspaper under the signature of Under Secretary, Department of Mines and Geology of the State of Jharkhand. In the advertisement, following essential qualifications prescribed for the post: "First Class Bachelor Degree in Engineering/Sciences with an MBA from an institution of repute. Higher managerial experience of at -least 15 years in the field of mines/minerals development in a responsible position. It appears that in pursuance of aforesaid advertisement different persons applied and they were interviewed by a Selection Committee on 26.10.2009. Thereafter, name of respondent no.3 and one Abhijeet Ghosh was recommended for appointment on the post of Managing Director, J.S.M.D.C. It further appears from Annexure -2 that the respondent no.2 proposed the name of respondent no.3 for appointment on the said post and sought approval of Honble Chief Minister on aforesaid proposal through Chief Secretary. Annexure -2 further reveals that Honble the Chief Minister found that respondent no.3 does not possess degree of MBA, thus, he made query as to whether aforesaid proposal of respondent no.2 is in accordance with law? Annexure -2 further reveals that aforesaid query was never replied.
(3.) IT then appears from the counter affidavit of respondents that during the President Rule, the State Government has decided to fill up the vacant post of Manging Director of J.S.M.D.C. from amongst the officers, of Central Public Sector Undertakings ( herein after referred as C.P.S.U.) working in the rank of G.M./C.G.M. or above, on deputation basis for a period of three years. Thereafter, respondent no.2 sent letters to Chairmans -cum -Managing Director of Coal India Limited/ Central Coalfields Ltd/ Neyelli Lignite Corporation Ltd/National Mineral Development Corporation Limited requesting them to send names of officers who are working in the rank of GM/CGM or above. The aforesaid letters annexed with the counter affidavit as Annexures - E series. In the said letters, object for taking such decision by the State Government is mentioned , which is quoted herein below for ready reference : "I may mention that Jharkhand State Mineral Development Corporation ( J.S.M.D.C.) is a premier government undertaking working in the field of the development of mines and minerals within the State of Jharkhand. Further, it operates Sikni Coal Mines and has been allotted several coal blocks namely Rabodh, Patratu, Jageshwar and Khas Jageshwar and several other mines. Besides it has interest in iron ore mines for which Joint Venture with National Mineral Development Corporation ( N.M.D.C.) is being proposed. We are in the look out of prefessionally sound, knowledgeable, honest and dynamic person who could take the corporation on upward trend of growth and achievement.";