Excise Superintendent Malkapatnam, Krishna District Vs. K.B.N. Visweshwara Rao
& Ors  INSC 996 (22 August 1996)
K. Ramaswamy, K.Hansaria B.L. (J) Majmudar S.B. (J)
1996 SCALE (6)676
O R D
have heard learned counsel on both sides.
appeals by special leave arise from the order dated April 21, 1992 of the Andhra Pradesh Administrative Tribunal in
O.A.No.9501/91 and batch. The admitted position is that the respondents were
not sponsored through the employment exchange for selection to the 723 posts
sought to be filed up from the candidates sponsored through the medium of
employment exchange. The respondents independently applied for consideration of
their claims but they ware not considered. Consequently, they approached the
Tribunal and sought direction for their appointment. Interim directions were
issued to consider their cases and to appoint, if selected by the selected
authority. Though the Tribunal held that sponsorship of the candidates through
the medium of employment exchange was valid end not violative of Articles 14
and 16 of the Constitution, Since many of the candidates came to be selected in
terms of the interim direction, orders were issued to appoint the selected
candidates. There is a difference of opinion Sn this behalf. Whereas The
majority of two members held that it is not violative of Articles 14 and 16 of
the Constitution, the minority view was that it was violative. Thus, these
appeals by special leave.
[(1987) 3 SCC 308] noted the contention of counsel appearing for respondents
therein that excluding the candidates who were not sponsored through medium of
employment exchange and restricting the choice of selection to the candidates
sponsored through the medium of employment exchange, would offend the equality
clause of Articles 14 and land held that the contention was attractive and it
was not open to the Government to impose restriction on the field of choice.
But in view of the fact that even the paper publication would not reach many a
handicapped who would be unable to have access to the newspaper, it was held
that the sponsorship through the medium of employment exchange would not
violate Articles 14 and 16. On the other hand, it would advance the rights to
the handicapped imposed by the state and central Governments to consider the
cases of the candidates through medium of employment exchange while holding
that such a restriction was not intended to be applicable to the private
employment as held in para 6 of the judgment.
Ram Kumar learned counsel for the state contended that in view of the above
decision the direction issued by the Tribunal is not in accordance with law. On
the other, S/Shri Shanti Swarup and L.R.Rao, learned counsel appearing for the
respondents, contended that the restriction of the field of choice to the
selected candidates sponsored through the medium of employment exchange
prohibits sponsored the right to be considered for employment to a post under
the state and many people cannot reach the employment exchange to get their
names sponsored fair means and procedure to send the names strictly according
to seniority in their record. So the better course would be to adopt both the
mediums viz of employment exchange and publication in the newspaper as that
would subserve the public purpose.
regard to the respective contentions, we are of the view that contention of the
respondents is more acceptable which would be consistent with the principles of
fair play, justice and equal opportunity. It is common knowledge that many a
candidates are unable to have the manes sponsored, though their names are
either registered or are waiting to be registered in the employment exchange
with the result that the choice of selection is restricted to only such of the
candidates whose names come to be sponsored by the employment exchange. Under
these circumstances, many a deserving candidate are deprived of the right to be
considered for appointment to a post under the state. Better view appears to be
that it should be mandatory for the requisitioning Departments for selection
strictly according to seniority and reservation as per requisition. In addition
the appropriate Department or undertaking or establishment should call for the
manes by publication in the newspapers having wider circulation and also
display on their office notice boards or announce on radio, television and
employment news-bulletins: and then consider the cases of all the candidates
who have applied. If this procedure is adopted, fair play would be subserved.
The equality of opportunity in the matter of employment would be available to
all eligible candidates.
appeals are accordingly disposed of. No case is made out to disturb the
directions issued by the tribunal for appointment of the selected candidates.
Therefore, the directions survive. No costs.