India Nagarjuna, S/O. Rama Rao, Unemployee, v. The Chief Engineer,
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH ***** Between:
Indla Nagarjuna ... Petitioner And The Chief Engineer, Nagarjuna Sagar Project, Camp Office,Guntur and another
...Respondents
DATE OF JUDGMENT PRONOUNCED: 17-07-2015 SUBMITTED FOR APPROVAL:
THE HON'BLE SRI JUSTICE R. KANTHA RAO Whether Reporters of Local newspapers may be allowed to see the Judgments?
Yes/No Whether the copies of judgment may be marked to Law Reports/Journals Yes/No Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment?
Yes/No
HON'BLE SRI JUSTICE R.KANTHA RAO 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 Office Subordinate, reserved for Scheduled Tribe 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 Office Subordinate 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, Guntur, Guntur 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 post of Office Subordinates, 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 receive the application from the petitioner and allow him to participate in the selection process including the written test and interview for selection and appointment to the post of Office Subordinate. 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:17.07.2015 Note:
Furnish C.C. by 20.07.2015.
B/O ccm HON'BLE SRI JUSTICE R.KANTHA RAO
DATE:17.07.2015 ccm [1] [1] 2009 (5) SCC 65