Gauhati High Court
WP(C)/99/2025 on 9 September, 2025
GAHC010002202025
2025:GAU-AS:12468
IN THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
WP(C) NO.99/2025
Sri Hemkanta Lalung,
Son of Santi Ram Lalung,
Resident of village-Kahikuchi,
P.S.-Khetri, P.O.-Topatali,
District- Kamrup (M), Assam
.......Petitioner
-Versus-
1. Union of India, represented by the
Secretary, Ministry of Petroleum
and Natural Gas, Govt. of India,
Shastri Bhawan, Dr. Rajendra
Prasad Road, New Delhi-110001.
2. Indian Oil Corporation Limited
(Refineries & Pipelines Division),
represented by its Chairman, 10th
Page 1 of 16
Floor, NBCC Commercial Complex,
Block No. 2, East Kidwai Nagar,
New Delhi-110023 .
3. Indian Oil Corporation Limited
(Refineries Division), Guwahati
Refinery, represented by the Chief
General Manager and Refinery
Head, Noonmati, Guwahati-20,
Assam.
4. The Boiler Attendant Examination
Board, represented by its Chairman,
Office of the Chief Inspector of
Boilers, Assam, Lalmati, NH-37,
Guwahati-29.
5. The Chairman, Boiler Attendant
Examination Board, Office of the
Chief Inspector of Boilers, Assam,
Lalmati, NH-37, Guwahati-29.
.......Respondents
-BEFORE-
HON'BLE MR. JUSTICE KAUSHIK GOSWAMI
For the Petitioner(s) : Mr. B P Borah, Mr. U S Bora, Mr. P J Dutta,
Advocates.
For the Respondent(s) : Mrs. R Devi, learned CGC for respondent
No. 1;
Mr. N Deka, Mr. M Gogoi, Mr. S Banikya for
respondent Nos. 2 & 3.
Date of Hearing : 09.09.2025
Date of Judgment : 09.09.2025
Page 2 of 16
JUDGMENT & ORDER (ORAL)
Heard Mr. B P Borah, learned counsel for the petitioner. Also
heard Ms. R Devi, learned CGC for the respondent No. 1 and Mr. N
Deka, learned counsel for the respondent Nos. 2 & 3.
2. None appears for the respondent Nos. 4 & 5 on call, despite
service is complete against the aforesaid two respondents.
3. By way of this petition under Article 226 of the Constitution of
India, the petitioner, inter-alia, is assailing the provisional list of
shortlisted candidates dated 16.12.2024 to the extent it excludes the
petitioner from appearing in the skill/proficiency/physical test
(hereinafter referred to as the SPPT) in connection with the selection
for appointment to the post of Junior Engineering Assistant-IV
(P&U).
4. The brief facts of the case are that on 20.07.2024 an
advertisement was issued for recruitment of Non-Executive
Personnel, including the position of Junior Engineering Assistant-IV
(P&U) with a total of 10 posts available. Amongst these, one post
was reserved for ST category in the Guwahati region along with
other positions.
5. The petitioner, belonging to the Lalung Tribe which is
recognized as ST(Plains) under the Constitution (Scheduled Tribes)
Order, 1950, accordingly applied for the post of Junior Engineering
Assistant-IV (P&U).
6. However, in the list of candidates qualified in the Computer
Based Test (hereinafter referred to as the „CBT‟) held on 29.09.2024,
which was published on 16.12.2024, the name of the petitioner was
not shortlisted therein.
7. It is the case of the writ petitioner that since the score of the
petitioner in the CBT test was not known to the petitioner at that
time, he did not agitate as not being shortlisted for the SPPT and
anticipated that his name shall be included in the final selection list.
8. It is the specific case of the writ petitioner that on 03.01.2025,
i.e., the date on which the interview of SPPT was scheduled, the
reasons for the petitioner‟s rejection were communicated to him.
The reasons for rejection were provided in the remarks column,
which states as follows -
"Apprenticeship certificate submitted does not have
endorsement from Boiler Authority of Assam as
equivalent to BBC 2nd Class"
9. Aggrieved by the aforesaid rejection, the present writ petition
has been filed.
10. Mr. B P Borah, learned counsel for the petitioner submits that
the petitioner has all the prescribed qualifications and fulfills the
eligibility criteria. Hence, rejection of the candidature of the
petitioner is arbitrary and illegal.
11. He further submits that the petitioner has uploaded the
requisite national apprenticeship certificate while uploading his
application online. However, due to misreading of the qualification
clause, inadvertently the endorsement certificate as required was
not uploaded. But the requisite endorsement is issued by the
Chairman, Boiler Attendant Examination Board , Assam (respondent
Nos. 5 & 6) and the same has also been included as Annexure-4 to
this petition. He, therefore, submits that since the petitioner in fact
holds the said certificate and has scored 62 marks in the CBT and is
also the sole ST candidate for the one post reserved for the ST,
equitable relief be extended to him so as to enable his participation
in the further process.
12. Per contra, Mr. N Deka, learned counsel for the respondent
Nos. 2, 3 & 4 submits that the petitioner having not uploaded the
requisite endorsement certificate of equivalent service as required
under the terms of the advertisement, his candidature has been
rightly rejected. He further submits that there cannot be any
relaxation of the qualification criteria and not furnishing/not
uploading of required documents on the pretext of misunderstanding
the qualification parameters stipulated in the advertisement is of no
consequence.
13. He further draws the attention of this Court to Sub-Clause-4 of
Clause-Q of the advertisement, which prescribes the instructions as
to how to apply online application, wherein it is clearly stated that
the candidates should take utmost care to furnish the correct details
while filling the online application and any mistake committed by a
candidate shall be his/her sole responsibility.
14. I have given my prudent considerations to the arguments
advanced by the learned counsels for the parties and also perused
the material available on record.
15. It appears that the grounds for not short listing the petitioner
for SPPT on the basis of CBT is for not enclosing the endorsement
from the Boiler Authority of Assam as equivalent to BCC Second
Class while submitting the apprenticeship certificate online.
16. The short question thus is whether for non-submission of the
prescribed testimonials/certificates in order to establish the
qualification of the candidate as per the advertisement, the
petitioner is entitled to be short listed for appearing in the next stage
of the selection process, i.e., SPPT.
17. Apt at this stage to refer to the Advertisement dated
20.07.2024. Relevant clauses of the aforesaid advertisement reads
as hereunder -
" Recruitment Non-Executive Personnel
Indian Oil Corporation Limited (IOCL) is a diversified,
Integrated Energy Major with presence in Oil, Gas,
Petrochemicals and Alternative Energy sources.
Empowered with the 'Maharatna' status, the
organization renders overriding prominence the energy
needs of the country and aspires to be The Energy of
India and A Globally Admired Company.
Contributing to the growth of nation year after years,
Indian Oil has risen to position of leadership with its
ubiquitous presence and diligence to make a mark in
the lives of the citizens of India. To fuel its future
growth, Indian Oil invites applications from bright young
and energetic persons of Indian Nationality for selection
to various posts as under:
a) For Refineries Division in the pay scale of
Rs. 25,000-1,05,000/ for Post Code 201 to 208
for its Refinery/Petrochemical Units at Guwahati
(Assam), Barauni (Bihar), Vadodara (Gujarat),
Haldia (West Bengal), Mathura (Uttar Pradesh),
Panipat (Haryana), Digbor (Assam), Bongaigaon
(Assam) and Paradip (Odisha).
b) For Pipelines Division in the pay scale of Rs.
25,000-1,05,000/- for Post Code 301 302 & 303
and Rs. 23,000-78,000/- for Post Code 401 for its
installations located in different States of India.
Number of Posts including reservation, Educational
Qualification, Work Experience Criteria (as applicable),
and other eligibility criteria/parameters shall be as
under:
Post Name of Refinery Vacancy Per Refinery Remark
Code Post Total UR EWS SC ST OBC PwBD
(NCL)
(a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k)
Guwahati 10 4 1 1 1 3 0
Junior Barauni 3 1 1 0 0 1 0
Engineering Gujrat 3 1 0 0 1 1 0 backlog
202 Assistant-IV Mathura 6 2 1 2 0 1 0
(P&U) Digboi 4 3 0 0 0 1 0
Bongaigaon 7 4 1 1 0 1 0
.............................................................................................................
.............................................................................................................
B) 1. Qualification Parameter & Work Experience Criteria:
B.1 (1) Post wise Qualification parameters for Refineries Division:
Sl. Name of Post Post Prescribed qualification Parameters [Only regular
Full time Recognized Courses from Indian
No. Code
Universities/Industries]
II Junior 202 Refinery Unit(s) where Boiler Authority of the
Engineering State has prescribed Boiler Competency
Certificate (BCC) with Second Class:
Assistant-IV
3 years Diploma in Mechanical Engg. Or
(P&U) Electrical Engg./Diploma in Electrical and
Electronics Engg. OR Matric with ITI (Fitter) of
minimum 2 years duration OR B.Sc (Maths,
Physics, Chemistry or Industrial Chemistry) from
recognized Institute/University ALONGWITH
Boiler Competency Certificate (BCC) with Second
Class OR National Apprenticeship Certificate in
Boiler Attendant under the Apprentices Act,
1961 with due endorsement of equivalence to
the Second-Class Boiler Attendant Certificate of
Competency, by the Competent Boiler Authority
of the State of the Refinery Unit for which the
candidate has applied.
.............................................................................................................
.............................................................................................................
J) Selection Methodology:
7. Admit cards for Computer Based Test will be issued to all
prima-facie eligible candidates on the basis of the details
furnished in Online-Application form and submission of
application fees (applicable for General, EWS & OBC (NCL)
Category candidates). Scrutiny of documents uploaded by the
candidates will be carried out post Computer Based Test. Only
those candidates will be considered/called for next stage, i.e.,
Skill/Proficiency/Physical Test (SPPT) who are (a) shortlisted on
the basis of Computer Based Test and (b) meet the notified
eligibility criteria upon verification of documents uploaded by
the candidates and other parameters.
8. Candidates must ensure to upload clear ad legible, self-
attested scan copy of documents (Matriculation/Higher
Secondary, Class-XII, ITI, Diploma, BSc, Caste Certificate,
PwBD Certificate, ExSM Discharge Certificate, Declaration and
any other prescribed documents) ascertaining his/her eligibility
for selection process. There must be one single upload file
against each category of documents. For example, under
Experience certificate upload, candidate must scan all
certificates, offer letters, payslips etc for all the work
experiences against which he/she is claiming to possess the
prescribed relevant work experience. Failure to comply with
afore-mentioned provision of uploading documents shall render
the candidate ineligible for selection process without any
liability on the Corporation in this regard.
11. Identity verification: The candidates called for Computer
Based Test (CBT) shall be advised to produce certain
documents for verification in original and to submit the attested
photocopies thereof at the time of document verification. Such
documents shall be listed in the call letter. If the identity of the
candidate is in doubt or he/she is not able to produce the
requisite documents or there is mismatch of information in the
documents, such candidate will not be allowed to appear for
document verification and his/her candidature will be treated
as cancelled.
Q) How to Apply : On-Line Application
1. Before applying on-line a candidate must have a valid and
an active email ID and a mobile phone number which must
remain valid for at-least twelve-month period for future
communication
2. Before registering/submitting applications on the website,
the candidate must possess the following :
a. Valid E-mail id: The E-mail ID entered in the online
application form should remain active until the
recruitment process is completed. No change in E-mail
ID will be allowed once registered. All correspondence
regarding this recruitment shall be made on the
registered E-mail ID including Admit card for On-line
examination and Call Letter for Skill Proficiency Physical
Test (SPPT) and Documents verification, if shortlisted.
Application Registration number/User ID, password,
admit card for Computer Based Test, call letter for Skill
Proficiency Physical Test (SPPT) & document verification
or any other important communication will be sent on
the same registered e-mail ID of candidate (giao check
email in spam/junk box). The candidates are therefore,
requested to regularly check their e-mail for any
communication from IOCL Under no circumstances the
candidate should share/mention e-mail ID or password
to/ or any other candidate /person. Please note that the
Admit Card for Computer Based Test (CBT) will not be
sent by post.
b. Scanned copy of latest passport size colored
photograph (not more than 03 months old) and scanned
signature in digital format between 50kb-100kb in
jpg/jpeg format with dimension of 3.5cm X 4.5cm for
uploading in the application.
c. Scanned copy of all relevant documents/details
relating to eligibility criteria viz Educational
Qualification, Caste Certificate [SC/ST/OBC
(NCL)/EWS), Experience Certificate and Disability
Certificate and other testimonials/documents as
stipulated etc.
3. Candidates are required to apply On-line through 10CL
website www.iocl.com in English only No other means/mode
of submission of applications will be accepted under any
circumstances. The on-line registration process involves 02
(two) steps for successful registration & filling of online
application.
4. Candidates should take utmost care to furnish the correct
details while filling in on-line application. Any mistake
committed by the candidate shall be his/her sole
responsibility Dice the application is submitted, no
change/edit will be allowed, thereafter.
5 The Computer Based Test shall be conducted in one/two or
more sessions. Therefore the candidates are advised to make
note of this fact and apply for a post accordingly.
6. The application for the posts is 2 step process.
Step-I Registration and profile creation.
Step-II After login with credentials received in registered
email ID, completion of Application form and online
payment.
7. The candidates should ensure the completion of both Step I
and Step II of the registration process and ONLINE deposit of
examination fee (if applicable) by the stipulated date and time.
.................................................................................................
.........................................................................................
13. Vii. For candidates applying for Post Code 202, Boiler
Competency Certificate (BCC) with Second Class OR National
Apprenticeship Certificate in Boiler Attendant under the
Apprentices Act, 1961 with due endorsement of equivalence to
the Second Class Boiler Attendant Certificate of Competency, by
the Competent Boiler Authority of the State of Refinery Unit for
which the candidate has applied for."
18. Reading the terms and conditions of the subject advertisement,
it appears that the post of Junior Engineering Assistant-IV (P&U)
having the Post Code 202 falls under the refineries division. It
further appears that in the Guwahati refinery division, out of the
total 10 vacant posts advertised for the post of Junior Engineering
Assistant-IV (P&U), there is one post reserved for ST category. It
further appears that as per Clause-B of the advertisement, amongst
others, the national apprenticeship certificate in boiler attendant
under the Apprenticeship Act, 1961 should be submitted for
asserting the qualification parameters along with due endorsement
of equivalence to the Second Class Boiler Attendant Certificate of
Competency by the competent boiler authority of the State of the
refinery unit. Admittedly, the petitioner is the sole ST candidate for
the one post reserved for the ST category in the subject selection in
the Guwahati Refinery Division.
19. It further appears that it is clearly prescribed under the terms
of the advertisement that a candidate must ensure to upload clear
and legible self-attested copy of documents, such as Matriculation,
Higher Secondary Certificates etc. and any other prescribed
documents ascertaining his/her eligibility for the selection process. It
is further specified that there has to be one specific uploaded file
against each category of documents. It is further specified that
failure to comply with the aforementioned provisions of uploading
documents shall render a candidate ineligible for the selection
process without any liability on the Corporation in this regard.
20. It further appears that admit cards for CBT will be issued to all
prima facie eligible candidates on the basis of the details furnished in
the online application form and on submission of application fees. It
further appears that scrutiny of the documents uploaded by the
candidates will be carried out post CBT and only those candidates
will be considered and called for the next stage, i.e., SPPT, who are
shortlisted on the basis of CBT and meet the notified eligibility
criteria upon verification of documents uploaded by the candidates
and other parameters.
21. It further appears that as per the instructions stipulated in the
advertisement as to how to apply in the online portal, it is
specifically stipulated that candidates should take utmost care to
furnish the correct details while filling the online application and any
mistake committed by the candidate should be his/her sole
responsibility and once the application is submitted, no change/edit
would be allowed thereafter.
22. What transpires from the above is that submission of all the
testimonials in support of the qualification criteria is mandatory at
the time of uploading the form in the online portal and any failure to
submit any document shall render the candidature ineligible to be
considered for selection in the subject selection process. It is further
apparent that the scrutiny of the documents is done after the CBT.
23. In the present case, it appears that since the petitioner was
prima facie eligible on the basis of the details furnished in the online
application form, an admit card for the CBT was issued and
accordingly, the petitioner appeared in the CBT on 29.09.2024,
wherein he scored 62 out of 100. It further appears that after the
CBT test was held, upon the scrutiny and verification of the
documents submitted by the petitioner and upon finding that the
apprenticeship certificate submitted by the petitioner does not have
the requisite endorsement certificate, his name was not shortlisted
for SPPT.
24. This takes me to the ground taken by the petitioner in the writ
petition for not enclosing the requisite endorsement certificate,
which reads as hereunder -
"4. That the petitioner begs to state that the petitioner obtained the
National Apprenticeship Certificate in the designated trade of Boiler
Attendant, along with an endorsement from the Chairman of the
Boiler Attendant Examination Board, Assam.
5. That the petitioner begs to state that the petitioner met the
eligibility criteria for the post and accordingly uploaded the required
documents as specified in the instructions for uploading. The
instruction column mandates the submission of the National
Apprenticeship Certificate in Boiler Attendant under the Apprentices
Act, 1961. The form also included a section regarding possession of
the National Apprenticeship Certificate in Boiler Attendant under the
Apprentices Act, 1961, with an endorsement of equivalence to the
Second-Class Boiler Attendant Certificate of Competency, to which
the petitioner respondent „YES‟. However, the upload column
specifically required only the National Apprenticeship Certificate.
Believing that uploading the National Apprenticeship Certificate
would suffice for the recruitment process, the petitioner completed
the submission and eagerly awaited the short listing process. In the
form it is mentioned that the petitioner successfully completed the
apprenticeship form IOCL, Guwahati Refinery that was commenced
on 01.01.2019 and completed on 31.12.2020."
25. Reading the aforesaid averments, it is apparent that admittedly
the petitioner did not upload the requisite endorsement certificate
while uploading the National Apprenticeship Certificate, believing
that uploading the National Apprenticeship Certificate would suffice
for the selection process in question. This Court finds no merit in the
said contention of the petitioner.
26. The terms of the advertisement stipulated the production of all
requisite testimonials at the stage of uploading the form in the
online portal, failing which the candidature would be liable for
rejection. Admittedly, the petitioner did not furnish the said
certificate at the relevant stage. The plea of misunderstanding of a
clear Clause cannot be accepted to override the binding terms of the
recruitment notification/advertisement. The petitioner having
participated in the process, with full knowledge of the requirements,
cannot now claim any indulgence for his own lapse.
27. It is well settled that eligibility/qualification conditions
prescribed under the recruitment rules or advertisement have to be
strictly complied with and no relaxation can be granted on
considerations of equity or sympathy. Reference in this regard is
made to the decision of the Apex Court in the case of Bedanga
Talukdar -Vs- Saifudaullah Khan, reported in (2011) 12
SSC 84, wherein the Apex Court has categorically held that no
candidate can claim equitable relief contrary to the recruitment
rules. Relevant paragraphs of the aforesaid judgment is reproduced
for ready reference -
"29. We have considered the entire matter in detail. In
our opinion, it is too well settled to need any further
reiteration that all appointments to public office have to
be made in conformity with Article 14 of the Constitution
of India. In other words, there must be no arbitrariness
resulting from any undue favour being shown to any
candidate. Therefore, the selection process has to be
conducted strictly in accordance with the stipulated
selection procedure Consequently, when a particular
particular schedule is mentioned in an advertisement,
the same has to be scrupulously maintained. There
cannot be any relaxation in the terms and conditions of
the advertisement unless such a power is specifically
reserved. Such a power could be reserved in the
relevant statutory rules. Even if power of relaxation is
provided in the rules, it must still be mentioned in the
advertisement In the absence of such power in the
rules, it could still be provided in the advertisement.
However, the power of relaxation, if exercised, has to be
given due publicity This would be necessary to ensure
that those candidates who become eligible due to the
relaxation, are afforded an equal opportunity to apply
and compete. Relaxation of any condition in
advertisement without due publication would be
contrary to the mandate of equality contained in Articles
14 and 16 of the Constitution of India
30. A perusal of the advertisement in this case will
clearly show that there was no power of relaxation. In
our opinion, the High Court committed an error in
directing that the condition with regard to the
submission of the disability certificate either along with
the application form or before appearing in the
preliminary examination could be relaxed in the case of
Respondent 1 Such a course would not be permissible
as it would violate the mandate of Articles 14 and 16 of
the Constitution of India.
.................................................................................
.................................................................................
32. In the face of such conclusions, we have little
hesitation in concluding that the conclusion recorded by
the High Court is contrary to the facts and materials on
the record. It is settled law that there can be no
relaxation in the terms and conditions contained in the
advertisement unless the power of relaxation is duly
reserved in the relevant rules and/or in the
advertisement. Even if there is a power of relaxation in
the rules, the same would still have to be specifically
indicated in the advertisement. In the present case, no
such rule has been brought to our notice. In such
circumstances, the High Court could not have issued the
impugned direction to consider the claim of Respondent
1 on the basis of identity card submitted after the
selection process was over, with the publication of the
select list."
28. In view of the above, I am of the clear view that a candidate
cannot claim equitable relief merely because he misunderstood a
clause in the advertisement for appointment. Moreover, producing a
certificate later on in litigation shall also not cure the said defect.
Hence, the recruitment process cannot be relaxed on the ground of
equity or sympathy, when the notified advertised conditions or rules
prescribe otherwise.
29. Having thus noted that the advertisement specifically stipulates
that after the CBT test is conducted, a detailed scrutiny of the
testimonials submitted by the candidate would be undertaken and in
case of any shortcoming, such candidate shall not be shortlisted for
the next stage, i.e., SPPT, the petitioner having failed to establish
his eligibility in the manner prescribed, the actions of the
respondents in rejecting his candidature cannot be faulted. Hence,
the rejection of the petitioner‟s application for non-submission of the
testimonials was in accordance with the notified conditions and no
arbitrariness or illegality is found in the action of the respondent
authorities.
30. In view of the above, I am of the unhesitant view that the
petitioner has failed to make out any case whatsoever, warranting
the reliefs sought for in this instant petition under Article 226 of the
Constitution of India.
31. Hence, this writ petition, being devoid of merit, stands
dismissed.
32. No order as to cost.
33. Interim order passed earlier accordingly stands vacated.
JUDGE
Comparing Assistant
