COMMON ORDER:
Since the lis in all these Writ Petitions arises out of the same recruitment process and the issue involved is common, they are heard together and disposed of by this common order.
2. Heard Sri A. Raja Chandra Sheker Goud, learned counsel for the petitioners, Sri N. Bhujanga Rao, learned Deputy Solicitor General of India, Sri Kalvala Sanjeev and Ms. Sushma Nellutla, learned Central Government Standing
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Counsel appearing for the respondent No.1 - Union of India and Sri K. Raghava Charyulu, learned Standing Counsel for the National Mineral Development Corporation (NMDC) appearing for the respondent Nos.2 and 3, in all the Writ Petitions. Perused the material available on record.
3. The instant Writ Petitions are filed questioning the action of the respondents in issuing letters dated 11.12.2025, communicated through email dated 12.12.2025, cancelling the candidature of the petitioners for the posts of HEM Mechanic Grade-III (Trainee) (RS-04) and HEM Operator Grade-III (Trainee) (RS-04) respectively pursuant to Employment Notification No.3 of 2025 dated 22.05.2025, on the ground that the petitioners did not possess a valid Heavy Vehicle Driving Licence (for brevity, "HVDL") as on the cut-off date i.e., 14.06.2025 in the Notification, as illegal, arbitrary and consequently to direct the respondent No.2 to consider their candidature for appointment to the said posts.
4. In W.P.No.38375 of 2025, the petitioners, who were provisionally selected and called for pre-employment medical examination and they were not permitted to undergo the same, initially sought a direction to the respondent No.2 to consider
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and decide their applications, however, during the pendency of the said Writ Petition, the respondent No.2 issued cancellation letters dated 11.12.2025 and thereafter, the petitioners filed W.P.No.38670 of 2025 challenging the said cancellation. Since the subsequent Writ Petitions i.e., W.P.Nos.38670, 38881, 38882 and 40665 of 2025 directly challenge the cancellation letters and in view of the same, all these Writ Petitions are being disposed of by this common order.
5. Learned counsel for the petitioners submits that the respondent No.2 issued Employment Notification No.3 of 2025 dated 22.05.2025 inviting applications for recruitment to various posts, including HEM Mechanic Grade-III (Trainee) (RS-
04) and HEM Operator Grade-III (Trainee) (RS-04) for BIOM Kirandul Complex, BIOM Bacheli Complex and DIOM Donimalai Complex. The petitioners applied for the said posts, appeared for the Computer Based Test (CBT), shortlisted and called for the Trade Test. They successfully qualified in the Trade Test and were declared as provisionally selected candidates vide proceedings dated 24.10.2025. Thereafter, the petitioners were issued Pre-Employment Medical Examination letters dated 03.11.2025, directing them to report before the
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respondent No.3 on 10.11.2025. The petitioners duly reported, but were not permitted to undergo the medical examination on the oral ground that their Driving Licences were issued after the cut-off date of 14.06.2025. Subsequently, vide letter dated 11.12.2025, communicated through email dated 12.12.2025, the respondent No.2 cancelled the candidature of the petitioners invoking Clause 8.5 of the Employment Notification.
6. Learned counsel for the petitioners further submits that Clause 8.2 of the Employment Notification dated 22.05.2025 stipulates that the cut-off date for reckoning eligibility of education, experience and maximum age shall be the last date for submitting the application i.e., 14.06.2025. However, the said clause does not specifically mention the Driving Licence and the requirement of a valid HVDL is stipulated in Clause 2.0 of the Notification and the petitioners who possessed a Learner's Licence or had applied for renewal were permitted to appear for the Trade Test based on undertakings submitted by them to produce the valid HVDL within 15 days. The petitioners were permitted to participate in the selection process, declared provisionally selected and called for medical examination, thereby creating a legitimate expectation and the
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respondents cannot now turn around and cancel their candidature after having permitted them to participate in the subsequent stages of the selection process.
7. Learned counsel for the petitioners further submits that the subsequent cancellation of their candidature, without providing them an opportunity to produce the valid HVDL or to explain their case, is arbitrary and illegal. The petitioners have duly attended the Trade Test, successfully qualified and were called for medical examination. The respondents cannot now deny them the benefit of the selection process on a technical ground which was not part of the original notification. The action of respondent No.2 in issuing cancellation letters dated 11.12.2025, immediately after the filing of W.P.No.38375 of 2025, is a clear attempt to defeat the rights of the petitioners. In view of the same, learned counsel for the petitioners requested this Court to allow the Writ Petitions by setting aside the impugned cancellation letters dated 11.12.2025 and direct the respondents to consider the case of the petitioners for the said posts.
8. On the other hand, learned Standing Counsel appearing for respondent Nos.2 and 3 basing on the counter-affidavits
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submits that the qualification prescribed under Clause 2.0 of the Employment Notification dated 22.05.2025 is a twin requirement i.e., a three-year Diploma in Mechanical Engineering/Automobile Engineering and a valid Heavy Vehicle Driving Licence. Clause 8.2 clearly fixes the cut-off date for reckoning eligibility as 14.06.2025. The petitioners did not possess a valid HVDL as on the cut-off date and they merely held a Learner's Licence, which is not a "Driving licence" within the meaning of Section 2(10) of the Motor Vehicles Act, 1988. A Learner's Licence is merely a permission to learn and does not authorize the holder to drive a transport vehicle unless accompanied by a duly licensed driver. The petitioners were permitted to appear for the Trade Test based on undertakings submitted by them to produce the valid HVDL within 15 days, as per the NMDC Recruitment and Promotion Policy, 2018. However, the petitioners failed to produce the valid HVDL even before the Pre-Employment Medical Examination and consequently, their candidature was cancelled on 10.12.2025 and the cancellation letters dated 11.12.2025 were communicated to them through email and speed post on 12.12.2025. The provisional selection was always subject to
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verification of documents and no enforceable right accrued to the petitioners. The recruitment process was conducted in a fair and transparent manner, and the cancellation was in accordance with Clause 8.5 of the Notification.
9. Learned Standing Counsel further submits that the petitioners in W.P.No.38375 of 2025 filed the said Writ Petition seeking a direction to consider their candidature, but during the pendency of the said Writ Petition, the respondent No.2 issued cancellation letters dated 11.12.2025. Thereafter, the petitioners filed W.P.No.38670 of 2025 challenging the said cancellation. The subsequent Writ Petitions i.e., W.P.Nos.38881, 38882 and 40665 of 2025 were filed by similarly situated candidates who also failed to produce the valid HVDL as on the cut-off date. The respondents have followed the due procedure established by law and the selection was made strictly on the basis of merit. The petitioners, having failed to comply with the mandatory eligibility criteria, cannot seek a direction to the respondent No.2 to consider their candidature. In view of the same, learned Standing Counsel appearing for the respondent Nos.2 and 3 requested this Court to dismiss the Writ Petitions as devoid of merits.
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10. After hearing both sides and perusing the material on record, this Court is of the considered view that, in pursuance of Employment Notification No.3 of 2025 dated 22.05.2025 issued by the respondent No.2 for filling up of various posts, the petitioners applied for the posts of HEM Mechanic Grade-III (Trainee) (RS-04) and HEM Operator Grade-III (Trainee) (RS-04) respectively. As per Clause 2.0 of the Notification, the eligibility criteria for the said posts is a three-year Diploma in Mechanical Engineering/Automobile Engineering with a valid Heavy Vehicle Driving Licence and Clause 8.2 of the said Notification clearly stipulates that the cut-off date for reckoning eligibility for educational qualification, experience and maximum age shall be the last date for submitting the application i.e., 14.06.2025. Clause 8.9 further mandates that the applicant should ensure that he/she fulfils all the eligibility and other criteria mentioned in the notification as on the cut-off date.
11. The contention of the petitioners is that they were permitted to appear for the Trade Test based on undertakings submitted by them to produce the valid HVDL within 15 days and were subsequently declared provisionally selected and called for the Pre-Employment Medical Examination and they
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have valid Learner's Licence as on the date of Notification and there is no mention about HVDL either Driving Licence or Learner's Licence. In view of the same, the cancellation of their candidature at that stage is arbitrary and illegal.
12. The relevant clauses of Notification No.3 of 2025 dated 22.05.2025 are extracted hereunder:
"2.0 Name of the post, number of vacancies and qualification & experience:
| Sl. No. |
Name of the post |
Qualification & Experience |
| 7. |
HEM Mechanic Gr.-III (Trainee) (RS-04) |
Three years Diploma in Mechanical Engineering with a valid Heavy Vehicle Driving License. |
| 8. |
HEM Operator Gr.-III (Trainee) (RS-04) |
Three years Diploma in Mechanical Engineering/Automobile Engineering with a valid Heavy Vehicle Driving License. |
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8.2 The cut-off date for reckoning eligibility for educational qualification, experience and maximum age will be the last date for submitting application as mentioned at clause no. 4(a) i.e. 14.06.2025 of this notification. In case, the last date of receipt of application is extended, the original cutoff date for reckoning eligibility will remain unchanged.
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8.5 During the recruitment process, if any information provided by the candidate is found incorrect/incomplete or it is not in conformity with the eligibility criteria as specified in the notification for the above post or if it is found that the candidate has concealed/distorted any material information his/her
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candidature will be cancelled at any stage during the recruitment process or even after selection. xxxxx
8.9 While applying for above post, the applicant should ensure that he/she fulfills all the eligibility and other criteria mentioned above as on the cutoff date and that the particulars furnished are correct in all respects."
The above clauses clearly shows that the petitioners should have acquired the requisite qualification, including a valid Heavy Vehicle Driving Licence, on or before the cut-off date i.e., 14.06.2025. Admittedly, the petitioners did not possess a valid HVDL as on the cut-off date.
13. The "Driving Licence" as defined under Section 2(10) of the Motor Vehicles Act, 1988, reads as under:
"Driving Licence" means the licence issued by a competent authority under Chapter II authorizing the person specified therein to drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified class or description."
The above section clearly states that a Driving Licence means otherwise than Learner's Licence and admittedly, the petitioners failed to possess a valid HVDL as on the cut-off date. The respondents rightly contended that the petitioners cannot claim any legitimate right basing on their provisional selection
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or being called for the medical examination basing on their Learner's Licence as on 14.06.2025 or any subsequent date.
14. This Court recently held in Afeera Sania v. State of Telangana1that a candidate must possess the required qualification as mentioned in the Employment Notification on or before the cut-off date mentioned in the Notification and the findings of the above Judgment squarely apply to the facts of the instant case.
15. The petitioners failed to possess a valid Heavy Vehicle Driving Licence as on the cut-off date i.e., 14.06.2025 and they are having only a Learner's License as on that date and they were not eligible to apply for the posts in question. The respondents have rightly cancelled the candidature of the petitioners vide cancellation letters dated 11.12.2025, communicated to the petitioners respectively through email on 12.12.2025 and the said action of the respondents does not warrant interference by this Court.
16. In view of the above findings, all the Writ Petitions are dismissed as devoid of merit.
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17. Miscellaneous applications pending, if any, in these Writ Petitions, shall stand closed. There shall be no order as to costs.
_______________________
JUSTICE K.SARATH
Date: 18.09.2026. mvm
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