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Judgment
By way of present writ petition, the petitioner has made the
following prayers.
"A/ By an apporiate writ order or direction, the respondents may kindly be directed to re- conduct the promotion exam for the petitioner and may be promoted to the post of Senior Assistant Grade-I if the petitioner stands in merit. B/ By an appropriate writ, order or direction, the respondents may kindly be restrained from proceeding further in the promotion exam held on 12.02.2017 till the pendency of the writ petition.
C/ By an appropriate writ, order or direction, the charge sheet dated 23/25.03.2017 (Annex- 7) may kindly be quashed and set aside."
Qua Prayer No. A & B learned counsel for the petitioner
submits that the Communication dated 05.02.2017, inviting the
candidates including the petitioner to appear in ensuing
examination scheduled on 12.02.2017 was not served upon the
petitioner. However, coming to know about the scheduled
examination, petitioner moved the Senior Regional Manager of
Jhawarkotra Mines of the Respondent Corporation by way of a
representation dated 10.02.2017, inter alia stating that he was
suffering from fever and was having haziness in his eyes thus not
able to appear in the scheduled examination for the post of Senior
Assistant Gr.-I. Petitioner had also prayed that the examination
scheduled to be conducted on 12.02.2017 be postponed for 15
days.
Petitioner admittedly has not appeared in the exam.
However, by way of the present writ petition petitioner has prayed
that the respondents be directed to take petitioner''s examination
also for promotion.
In relation to the prayer No.C relating to charge sheet
counsel for the petitioner submitted that the petitioner has already
moved a representation before the competent authority and he is
participating in the proceedings before him. As such, at this stage
he does not want to pursue the present writ petition qua prayer
C.
Coming to the prayer for the petitioner that the respondents
be directed to re-conduct examination held on 12.02.2017 for
petitioner, this Court is of the considered opinion that such a
direction cannot be issued by this Court in exercise of its extra
ordinary jurisdiction. It is an admitted fact that the petitioner was
aware of the ensuing examination, scheduled to be held on
12.02.2017. It was required of the petitioner to have appeared in
the examination and if for some reason or the other, he could not
appear in the same, he cannot claim a writ of mandamus directing
the respondents to re-convene the examination.
This Court finds no substance and force in the present writ
petition and the same is dismissed hereby.