Shivam Chauhan S/O Narendar Singh v. The Union Of India Throu. Sec. Of Nuclear Power Corporation Of India Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 970 OF 2025 Shivam Chauhan S/o. Narendar Singh

...Petitioner

Versus

The Union of India Through Secretary of Nuclear Power Corporation of India Limited

...Respondent

__________ Mr. Shravan Giri a/w Mr. Sachin Gosai, Advocate for the Petitioner. Ms. Nukshinaro o/b M. V. Kini & Co., Advocate for the Respondent. __________ CORAM :

RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE :

22nd SEPTEMBER, 2025.

P.C. :

1.

We have heard the learned Advocate for the Petitioner and the learned Standing Counsel for the Nuclear Power Corporation of India Limited, TAPP, Bhoisar (WR), District-Palghar. 2.

This is a peculiar case. The Respondent published an advertisement no. 01/2023 dated 8th February, 2023 for filling in several posts, including the post of 'X-Ray Technician (Technician/C)'. The requisite qualifications have been mentioned. 48 candidates applied for the said post. 47 remained absent on the date of interview, leaving the Petitioner all alone in the fray.

3.

By this Petition, the Petitioner prays for issuance of a Writ of Mandamus to the Respondent to issue an appointment order to the Petitioner and set aside the rejection order dated 16th November, 2024.

4.

We find that since the Petitioner was the only person, who remained present for the interview, there was hardly any competition. The Respondent attempted to fill in several positions through public employment. Since this is a public sector undertaking, there has to be competition from the public at large and the selection process would be complete by assessing the competent candidates. Since there was only one candidate, who appeared for the interview and for unknown reasons 47 had not appeared, we do not find that it would be appropriate to conclude that the Petitioner being a lone candidate, should be selected for employment.

5.

So also, the Respondent is of the view that though the Petitioner has the Degree Certificate from the Shree Guru Gobind Singh Tricentenary University, Gurugram, for the Bachelor of Science Faculty (Radio-Imaging Technology), the Petitioner does not have the requisite qualifications set out in the advertisement at

serial no. 5 on internal page no. 8.

6.

Since we are inclined to direct the Respondent to resort to a fresh advertisement, the Petitioner would be at liberty to apply. We make it clear that the Respondent would assess all the candidates, who have tendered their applications and conduct the selection process by following the due procedure. If the Petitioner faces any adverse situation, he would be at liberty to avail of a remedy as is permissible in law.

7.

In view of the above, this Petition is disposed off. [ASHWIN D. BHOBE, J.] [RAVINDRA V. GHUGE, J.] by GITALAXMI KRISHNA KOTAWADEKAR Date:

2025.09.24 13:08:01 +0530 GITALAXMI KRISHNA KOTAWADEKAR