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Service & Administrative LawSupreme Court of India

NTPC Kahalagaon v. Nakul Das

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8487 of 2014)Decided 5 Sept 2014
Civil Appeal No. 8487 of 2014
Justice J. Chelameswar · Justice A.K. Sikri

Background

NTPC selected workers from families whose land had been acquired for its power plant, using employment exchanges and local official publicity rather than newspaper advertisements. Two eligible displaced persons complained that they had missed the opportunity. The High Court ordered a fresh selection, but during the Supreme Court proceedings the selected workers joined and the two complainants were separately assessed.

Decision Breakdown

The Supreme Court allowed the appeals against a fresh selection because subsequent events had addressed the two complainants' exclusion: both were considered under the same standards and failed. Other intervenors had already competed unsuccessfully and could not complain of being unaware of vacancies. The Court relied on these particular developments and did not decide the broader advertisement issue. For three selected candidates rejected as colour-blind who produced contrary medical opinions, it directed a newly constituted Medical Board to re-examine them and further action based on that assessment.

Lesson Learnt

A recruitment remedy can be adjusted when excluded candidates have since received the same fair consideration. This case did not establish a general exemption from public advertising, and disputed medical disqualification required a fresh competent assessment.

NTPC Kahalagaon v. Nakul Das – Legal Case Shots | LegalAware