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Wednesday, July 13, 2011

EMPLOYMENT-JOBS, FILING UP OF VACANCIES, MUST, BY EMPLOYMENT AN THROUGH PAPER PUBLICATION NOTIFICATION INVITING APPLICATIONS FROM THE CANDIDATES.

The petitioners are unemployed persons belonging to Schedule Tribe. The Visakhapatnam port Trust proposed to engage 17 pool khalasies for providing intermittent work to them, by paying consolidated pay of Rs.5,500/-p.m. The further object was to explore the possibilities of inducting them into its service, as and when posts reserved for STs arise, after verification of the qualifications etc. with this object, the secretary of the Port Trust, the 2nd respondent herein, addressed a letter dated 24-4-2010 to employment Officer, Sub-Employment Exchange Paderu, Visakhapatnam District, the 3rd respondent, to sponsor the names of eligible candidates. The petitioners contended that, for one reasons or the other, they could not get themselves registered with the 3rd respondent and the Port trust cannot restrict the consideration, only to candidates sponsored by the r3rd respondent. Placing reliance upon the judgments rendered by the supreme Court they insist that heir cases also be considered. Subject to their holding the requisite qualifications. The question as to whether state or any organizations, established by can restrict the consideration only to candidate to be considered by employment exchange for the purpose of making appointments or whether they are under obligation to issue a general notification enabling all the qualified persons to apply was the subject matter of several judgment before the Hon’ble S.Court. the answer to this, however, was not uniform, and accordingly the litigation proliferated. After considering a series of judgment of High Court and Supreme Court on this issue, ultimately accepting the observations made in Visweshwara Rao’s case operate, without any hindrance. The principle as of now is universal in its application, irrespective of the content of the service rules of the organization. Hence the writ petition is allowed, and the respondents 1 and 2 shall issue public notification, inviting applications for the posts or positions, that have been notified through the Employment Exchange, and enable all the eligible candidates to apply.

1 comment:

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