Nallagatla Swaroopa, v. The Deputy General Manager, Syndicate Bank,

HON'BLE MR JUSTICE R. KANTHA RAO Writ Petition No.14981 OF 2015 DATE:09.07.2015 BETWEEN:

Nallagatla Swaroopa .. Petitioner And The Deputy General Manager, Syndicate Bank,RO (Rural),Hyderabad and another .. Respondents

HON'BLE SRI JUSTICE R.KANTHA RAO W.P.No.14981 of 2014 O R D E R:

This writ petition is filed seeking to declare the action of the 1st respondent in not allowing the petitioner to appear for interview for selection and appointment to the post of Part-time Sweeper/Peon as illegal, arbitrary and contrary to the judgment of the Apex Court and consequently to direct the respondents to consider the case of the petitioner for selection and appointment to the post of Part-time Sweeper/Peon without insisting that the name of the petitioner should be sponsored by the Employment Exchange.

Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

Learned counsel appearing for the petitioner submits that the petitioner has registered his name in the District Employment Exchange, Nalgonda, Nalgonda District. Learned counsel further submits that on the requisition made by the first respondent, the 2nd respondent sponsored certain names for the purpose of appointment to the posts of Part-time Sweeper/Peon, but the name of the petitioner was not sponsored.

The grievance of the petitioner is that even if the name of the petitioner is not sponsored by the Employment Exchange, the 1st respondent has to make an advertisement and call for the applications from the eligible candidates so as to enable them to appear for the interview. In State of Bihar Vs . Upendra Narayan Singh and others[1][1], the Apex Court took the view that

the employer shall not restrict the eligible candidates to those who are sponsored by the Employment Exchange and the applications from the eligible candidates have to be called for by making publication in the news papers.

In view of the judgment of the Apex Court, the respondents are directed to permit the petitioner to appear for the written test/interview for selection and appointment to the post of Part-time Sweeper/Peon. Accordingly, the writ petition is disposed of at the admission stage. No order as to costs.

The Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

______________________ JUSTICE R.KANTHA RAO Date:09.07.2015 ccm HON'BLE SRI JUSTICE R.KANTHA RAO

Writ Petition No.14981 OF 2015 DATE:09.07.2015 ccm [1] [1] 2009 (5) SCC 65