1. This common order shall govern the disposal of WA. No.176/2022, WA. No168/2022 and WA. No.184/2022 since similar facts and common questions of law are involved in these appeals.

2. These intra Court appeals filed u/S.2(1) of the M.P. Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 assail common order passed on 17.01.2022 by learned Single Judge dismissing WP. No.2094/2021, WP. No.20129/2016, WP. No.9394/2021 and WP. No.26471/2021 on the ground that similar WP. No.11175/2015 was dismissed on 27.06.2015 and thus issue raised is no more res integra. Accordingly, WP. No.2094/2021, WP. No.20129/2016, WP. No.9394/2021 and WP. No.26471/2021 suffered dismissal at the hands of learned Single Judge.

3. For the sake of convenience, relevant and undisputed facts are taken from WA. No.176/2022.

4. Learned counsel for the rival parties are heard on the question of admission.

5. The facts, as projected by learned Senior Counsel, Shri Ghildiyal, are that pursuant to advertisement dated 20.02.2014, applications were invited by Coal India Ltd. for filling up various posts including Security Guard Grade-G and Assistant Security Sub Inspector Grade-D. The appellants being eligible applied and after succeeding in the Written Examination also appeared in the interview held in the month of September, 2014 and January, 2015. The Coal India Ltd., however, by order dated 27.06.2015 cancelled the selection process as regards said two posts.

5.1 Some of the aggrieved candidates (not the appellants herein) preferred WP. No.11175/2015, which was dismissed on merits on 27.09.2016. Meanwhile, appellants herein also filed WP. No.26471/2021 raising the same grievance and seeking the same relief as sought in WP. No.11175/2015. Pertinently, dismissal of WP. No.11175/2015 was unsuccessfully assailed by the petitioners therein in WA. No.775/2016, which also suffered dismissal on 09.05.2017. The curtains were finally drawn on the controversy by dismissal of SLP. No.032371/2017 on 03.10.2017 (preferred by petitioners in WP. No.11175/2015). In this factual background, when WP. No.26471/2021 of the appellants herein came up for hearing before learned Single Judge, the same also suffered dismissal by impugned common order dated 17.01.2022. Learned Single Judge applying the earlier order passed in WP. No.11175/2015, which was confirmed by Division Bench in WA. No.775/2016 and also by dismissal of SLP as aforesaid, passed the impugned order.

6. Learned Senior Counsel, Shri Ghildiyal submits that his grievance before this Court is that instead of cancelling the recruitment in regard to said two posts, the employer (Coal India Ltd.) ought to have cancelled the entire recruitment process initiated in respect of all the fifteen posts and thereafter should have re-initiated the recruitment process. In other words, learned Senior Counsel submits that the recruitment process ought not to have been partly cancelled. It is also submitted by him that the posts in the cadre of Security Guard Grade-G and Assistant Security Sub Inspector Grade-D are still lying vacant and have not yet been filled up. In this background, learned Senior counsel has prayed for resumption of process of recruitment and appointment on the said two posts from the stage of receiving of applications and completing the same within a time framed.

7. On the other hand, learned counsel for the employer, Shri Greeshm Jain has filed an affidavit of one Shri Jainender Choudhary, Deputy Manager (Personnel), District Singrauli inter alia revealing that posts in the cadre of Security Guard Grade-G and Assistant Security Sub Inspector Grade-D have not yet been filled up as no fresh advertisement has been issued till date and the need for filling up these posts stands obviated by engagement of personnel from Directorate General Resettlement, Department of Ex-Serviceman Welfare, Ministry of Defence and CISF. The Coal India Ltd. has also brought on record an order dated 08.03.2022 passed in WA. No.175/2022 filed by similarly aggrieved candidates by which said WA was dismissed upholding the order dated 17.01.2022 passed in WP. No.2094/2021. Pertinently, WP. No.2094/2021 was also dismissed by common order impugned herein. As such the very admissibility and maintainability of this petition is questioned by Coal India Ltd.

8. After having heard learned counsel for rival parties, this Court is of the considered view that there is no reason for interfering with impugned order passed by learned Single Judge for the reasons infra:-

(i) The direction sought by the appellants herein of recommencing the entire recruitment process in regard to all fifteen cadres afresh cannot be looked into in this appeal when the learned Single Judge adjudicated limited issued of cancellation of recruitment process (qua two cadres). Learned Single Judge impliedly upheld the cancellation of recruitment process.

The prayer made before this Court in this appeal ought to have been specifically raised before the Single Bench, which does not appear to have been raised, which is evident from the pleadings and the relief clause in WP.

A prayer neither raised nor considered before the Single Bench cannot be taken up and considered in appellate jurisdiction.

(ii) In regard to other contention that the posts are lying vacant in the cadre of Security Guard Grade-G and Assistant Security Sub Inspector Grade-D and have not yet been filled up is heard to be dismissed as right to fill up a particular post or not, lies within exclusive domain of the employer and no writ order and direction can be issued in that regard unless non filling up of posts smacks of arbitrariness, discrimination, nepotism and is violative of any statutory provision. No such grounds are raised much less made out in these cases.

9. In view of above, this Court has no manner of doubt that the appeals are meritless. Consequently, the instant appeals stand dismissed without cost.