D.N.PATEL,J. - (1.) These Letters Patent Appeals have been preferred by the original petitioners of W.P. (S) Nos.382 of 2012, 472 of 2012 and 474 of 2012, as these petitions have been dismissed by the learned Single Judge vide order dated 10th October, 2014.
(2.) FACTUAL MATRIX Advertisement was given by the National Thermal Power Corporation for the post of Engineering Executive Trainees in the month of March, 2011. Last date for submission of the application was 12th March, 2011. Examination was conducted in the month of April, 2011 for the aforesaid posts. Candidates who had applied for the posts appeared in the examination and these appellants cleared the said examination. Thereafter, in the month of June, 2011, interview was convened and these appellants cleared the interview also. They were offered appointment vide order dated 29th August, 2011 in the Other Backward Classes category candidates reservation quota. Thereafter, medical check -up was also carried out of these appellants. Time limit to submit a certificate of Other Backward Classes was extended upto 30th November, 2011. As this certificate could not be produced by these appellants, offer of appointment was cancelled vide order dated 21st December, 2011. It further appears from the facts of the case that these appellants are belonging to castes Halwai, Agrahari Vaishya and Roniyar Vaishya. These castes were never included in the list published by the Central Government under Section 2(c) of the National Commission for Backward Classes Act, 1993 (herein after referred to as 'the Act of 1993' for the sake of brevity). Under Section 9(1) of the Act of 1993, recommendation was made by the National Commission for Backward Classes for inclusion of the castes of Halwai, Agrahari Vaishya and Roniyar Vaishya as Other Backward Classes vide their recommendation in the month of October, 2010. On the basis of these advice of the National Commission for Backward Classes, Central Government through its Ministry of Social Justice & Empowerment, prepared necessary notes and ultimately the said advice given by the National Commission for Backward Classes reached upto the cabinet of Union of India and after discussions, deliberations and ultimately declaration in the form of notification was published by the Union of India on 8th December, 2011 (Annexure 8 to the memo of these Letters Patent Appeals), whereby the castes of Halwai, Agrahari Vaishya and Roniyar Vaishya were included in the list of Other Backward Classes. Looking to this notification which is at Annexure 8 to these Letters Patent Appeal, it was brought into force from the date of publication of the notification. As the Central Government could not publish immediately the notification after recommendation of the National Commission for Backward Classes made in October, 2010, these appellants lost their chance to be appointed as Engineering Executive Trainees in the National Thermal Power Corporation, because cut -off date was 12th March, 2011 and extended time limit to produce the certificate of Other Backward Classes was also over by 30th November, 2011. These appellants preferred writ petition being W.P. (S) Nos.382/2012, 472/2012 and 474/2012. These writ petitions have been dismissed by the learned Single Judge vide order dated 10 th October, 2014 with detailed reasons and hence, these Letters Patent Appeals have been preferred by the original writ petitioners.
(3.) ARGUMENT CANVASSED BY THE COUSNEL FOR THE APPELLANTS Counsel for the appellants submitted that initially the caste namely Halwai, Agrahari Vaishya and Roniyar Vaishya were already in the list of Other Backward Classes from 1993 to 2007, but, these castes were not included in the list of Other Backward Classes from the year 2007 till 7 th December, 2011. The State of Jharkhand has been bifurcated from the erstwhile State of Bihar under Bihar Reorganization Act, 2000 in the erstwhile State of Bihar as well as in the State of Jharkhand. After 15th November, 2000 these castes were included in the list of Other Backward Classes, but, by mistake, these castes were thereafter not published in the list of Other Backward Classes and, therefore, representations were made before the National Commission for Backward Classes and ultimately the National Commission for Backward Classes made recommendation under Section 9(1) of the Act of 1999. This advice of National Commission for Backward Classes is binding upon the Union of India. This advice was given in the month of October, 2010 and, therefore, immediately the Union of India ought to have published the list of Other Backward Classes castes, whereas, in the facts of the present case, the Union of India took more than one year and on 8 th December, 2011, a notification was published in exercise of powers conferred upon the Union of India under Section 2(c) of the Act of 1993, wherein all the aforesaid three castes were included in the Other Backward Classes list for the State of Jharkhand. This has resulted into a difficulty with these appellants as the cut -off date to submit all types of certificates for the post of Engineering Executive Trainees in the National Thermal Power Corporation was 12th March, 2011. These certificates could not be produced by these appellants. Time limit to submit these certificates were extended upto 30th November, 2011, but, the notification was not published and, therefore, the same could not be given to the National Thermal Power Corporation and, hence, ultimately offer of appointment was cancelled by the National Thermal Power Corporation on 21 st December, 2011. Thus, the advice which was given by the National Commission for Backward Classes under Section 9(1) of the Act of 1993 was binding upon the Union of India, as, belated published notification dated 8th December, 2011 is nothing but clarificatory or explanatory in nature and, therefore, it must be given retrospective effect. Counsel for the appellant has relied upon the decision rendered by the Hon'ble Supreme Court reported in (2015) 4 SCC 697 and (2007) 10 SCC 513 and (2006) 6 SCC 581. On the basis of the aforesaid decision, it is submitted by the counsel for the appellants in all the three Letters Patent Appeals, even if the notification is published on 8 th December, 2011 upon the advice given by the National Commission for Backward Classes in the month of October, 2010, the said notification should be given retrospective effect and if retrospective effect is given as on cut -off date prescribed by the National Thermal Power Corporation viz 12 th March, 2011, these appellants will be the candidates covered by Other Backward Classes list. These aspects of the matter have not been property appreciated by the learned Single Judge and, hence, the judgment and order delivered by learned Single Judge in all the three writ petitions deserved to be quashed and set aside. It is submitted by the counsel for the appellants that the requirement of National Thermal Power Corporation was that if any candidate is covered by the list of Other Backward Classes published by the Union of India, then unlike reserved seats for Engineering Executive Trainees, that list should be produced and as no retrospective effect has been given in the decision rendered by the learned Single Judge, these appellants lost their chance to be appointed as Engineering Executive Trainees. In fact, subsequently published notification is nothing but explanatory or clarificatory in nature.;