Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the parties.
(2.) Petitioners are essentially aggrieved as they have not been allowed to participate in the exam scheduled on 17.01.2016 for promotion from Non Executive Cadre to Executive Cadre in the respondent -Coal India Ltd. This exercise was conducted in the respondent company vide internal notification dated 16.10.2015, which is enclosed as Annexure - E to the reply of the respondent No. 4 dated 20.01.2016. It lays down the eligibility criteria, mode of application, scrutiny of bio data particulars and methodology and other norms for conduct of the exam. The Notification lays down important dates of various activities to be performed in the process. Cut off date for eligibility criteria is 30.09.2015; Activation of on -line application, link start from 23.10.2015 from 10.00 Hours; Last date of submission of on -line application is 23.11.2015 till 23.59 Hours; Last date of submission of application at subsidiary Headquarters/CIL including NEC/RSO's is 12.12.2015; Last date of submission of all Applications along with scrutiny report and all enclosures as referred above to General Manager (Personnel/Recruitment)/CIL is 26.12.2015.
(3.) Petitioners have tried to make out a case that they made online application within time and submitted hard copy thereof with relevant documents at the Area Personnel Department, Lodhna through proper channel. It is their contention that those whose application along with relevant documents were scrutinized by the committee constituted at the headquarters of Coal Company were called to undertake two weeks of training before scheduled exam. The respondents excluded the name of these petitioners without any rhyme or reason at the level even before duly constituted Screening Committee required under the notification to undertake such exercise as the respondent No. 4 failed to sent the applications along with relevant documents by the cut off date before the headquarters of Coal Company. Later on, it is stated that applications of Sri Ram Lakhan, Ajit Kumar, Prabir Kumar Goswamy, Akhileshwar Pd. Singh, Manoj Kumar Bhagat, Rajpati Chouhan and Sanjay Kumar have been sent on 28.12.2015 along with relevant documents though that document is not on record. It is submitted that action of the respondents No. 4, Personnel Manager Lodna Area of BCCL, Jorapokhar, Dhanbad is malafide as he deliberately has left out applications along with relevant documents of the petitioners to deny them right of consideration for such promotion. Consideration for promotion is atleast a fundamental right, though there is no right to promotion. Counsel for the petitioners has relied upon the same internal notification dated 16.10.2015 and the relevant provisions made therein to advance his submission.;