HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.40507 of 2014 Date: 30-12-2014 Between Sheik Abdul Azeez … Petitioner and The Branch Manager, State Bank of Bikanur and Jaipur, Vijayawada, Krishna District;
and another … Respondents HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.40507 of 2014 Order:
Heard Sri P.Vara Prasad, learned counsel appearing for the petitioner.
2. This writ petition is filed seeking to declare the action of the 1st respondent in not allowing the petitioner to appear for written test/interview for selection and appointment to the post of Part-time Safai Karamchari as highly illegal, arbitrary and contrary to the judgment of the Hon’ble Supreme Court of India reported in State of Bihar
[1]
v. Upendra Narayan Singh and consequently, to direct the respondents to consider the case of petitioner for selection and appointment to the post of Part-time Safai Karamchari without insisting that the name of the petitioner should be sponsored by the Employment Exchange.
3. The learned counsel appearing for the petitioner submits that the petitioner has registered his name in the Employment Exchange, Vijayawada, Krishna District. He further submits that on the requisition made by the 1st respondent, the 2nd respondent sponsored certain names for the purpose of appointment to the post of Part-time Safai Karamchari, but the name of the petitioner was not sponsored.
4. 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. I n Upendra Narayan Singh (1 supra), the Supreme 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.
5. In view of the judgment of the Apex Court in Upendra Narayan Singh (1 supra), the respondents are directed to permit the petitioner to appear for the written test/interview for selection and appointment to the post of Part-time Safai Karamchari.
6. Accordingly, the writ petition is disposed of at the admission stage. The miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs.
R.KANTHA RAO, J.
30th December, 2014. Ak HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.40507 of 2014 30th December, 2014. (Ak)
[1] (2009) 5 SCC 65