HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.40458 of 2014 Date: 30-12-2014 Between Vadranapu Mahesh and another … Petitioners and The DGM, Syndicate Bank, Regional Office, Vijayawada, Krishna District;
and another … Respondents HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.40458 of 2014 Order:
Heard Sri P.Vara Prasad, learned counsel appearing for the petitioners.
2. This writ petition is filed seeking to declare the action of the 1st respondent in not allowing the petitioners to appear for written test/interview for selection and appointment to the posts of Temporary Attenders as highly illegal, arbitrary and contrary to the judgment of the Hon’ble Supreme Court of India reported in State of Bihar v. Upendra Narayan Singh[1] and consequently, to direct the respondents to consider the case of petitioners for selection and appointment to the posts of Temporary Attenders without insisting that the names of the petitioners should be sponsored by the Employment Exchange.
3. The learned counsel appearing for the petitioner submits that the petitioners have registered their names 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 posts of Temporary Attenders, but the names of the petitioners were not sponsored.
4. The grievance of the petitioners is that even if the names of the petitioners are 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 petitioners to appear for the written test/interview for selection and appointment to the post of Temporary Attenders.
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.40458 of 2014 30th December, 2014. (Ak)
[1] (2009) 5 SCC 65