1996 (8) TMI 551 - SC - Indian Laws

Summary

Issues:
1. Validity of sponsorship through employment exchange for selection to government posts.
2. Violation of Articles 14 and 16 of the Constitution.
3. Fairness in the selection process for government posts.

Detailed Analysis:

Issue 1: The appeals arose from an order of the Andhra Pradesh Administrative Tribunal regarding the selection process for 723 government posts. The respondents were not sponsored through the employment exchange for selection, but they independently applied and were not considered. The Tribunal issued interim directions to consider their cases and appoint them if selected. There was a difference of opinion on the validity of sponsorship through the employment exchange.

Issue 2: The Court referred to a previous case where it was held that sponsorship through the employment exchange did not violate Articles 14 and 16 of the Constitution, as it advanced the rights of the handicapped. The State contended that the Tribunal's direction was not in accordance with the law, while the respondents argued that restricting the choice to sponsored candidates violated the right to be considered for employment. The Court found the respondents' contention more acceptable, emphasizing fair play, justice, and equal opportunity in the selection process.

Issue 3: The Court concluded that the better approach would be to combine the mediums of employment exchange sponsorship and publication in newspapers for a fair selection process. It suggested that the requisitioning authority should inform the employment exchange for sponsorship according to seniority and reservation, and also advertise in newspapers and other media for wider reach. This comprehensive approach would ensure fair play and equal opportunity for all eligible candidates in government job selections.

In the end, the Court disposed of the appeals, upholding the Tribunal's directions for the appointment of selected candidates. It found no grounds to disturb the directions and emphasized the importance of ensuring fairness and equal opportunity in the selection process for government posts.