P. Rajkumar v. Secretary, Trichy Marketing Committee, Trichy
2012-10-03
VINOD K.SHARMA
body2012
DigiLaw.ai
ORDER 1. The petitioner prays for the issuance of a writ in the nature of certiorari to quash the order dated 9/5/2012, passed by the Commissioner of Agricultural Marketing and Agricultural Business in refusing to issue appointment to the petitioner by adopting unconstitutional method. 2. The respondent Nos. 1 and 2 invited applications for appointment to the post of Watchman through employment exchange alone. In spite of declaration of law by the Honourable Supreme Court, the respondents are continuously violating the law by restricting appointments to public post by calling names from employment exchange alone. This process of selection has been declared to be unconstitutional by the Hon’ble Supreme Court. 3. The petitioner’s name was forwarded by the employment exchange. The petitioner was interviewed on 19.1.2011 and selected for the post of watchman by treating him as OC Category. 4. However, on coming to know that the petitioner belongs to ‘scheduled caste’, the appointment letter was not issued to him, as the post was reserved for OC category. 5. The impugned order is challenged by the petitioner, on the ground that it was open to the respondents to appoint a ‘schedule caste’ person against ‘OC’ category. Therefore, the impugned order cannot be sustained. 6. This contention of the learned counsel for the petitioner cannot be accepted. It is not a case where ‘OC’ candidates were not available. It was on account of error that the employment exchange failed to forward the names of the ‘OC’ candidates, therefore, the petitioner was wrongly selected. 7. The impugned order therefore, has been passed to correct the error even prior to the issuance of appointment to the petitioner. 8. The petitioner cannot have any grievance to correction of error, especially when it is not disputed, that the post has not been filled up. 9. While dismissing the writ petition, it is ordered that the respondent nos. 1 and 2 while filling the post of watchman will advertise the post and invite the application by open advertisement in addition to the requisition from the employment exchange. The selection thereafter, for appointment be made on merits in accordance with law and not based on seniority of employment exchange or on recommendation of employment exchange. 10.
1 and 2 while filling the post of watchman will advertise the post and invite the application by open advertisement in addition to the requisition from the employment exchange. The selection thereafter, for appointment be made on merits in accordance with law and not based on seniority of employment exchange or on recommendation of employment exchange. 10. The jurisdiction of employment exchange is only to forward the name of eligible candidates fulfilling requisite qualification for consideration on merit, the employment exchange can not determine the eligibility of a candidate. No costs. Consequently, the connected miscellaneous Petition is also dismissed. Petition dismissed.