THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.20309 OF 2014 Between:-
Yerruboina Sai Prabhu and another.
…Petitioners.
And The Secretary, The Indian Medical Practitioners’ Co- operative Pharmacy & Stores, Kalki Krishnamurthy Salai, (Multi State Cooperative Society Ltd.,) X-185, Thiruvanmiyur, Chennai, Tamilnadu State and another.
…Respondents.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.20309 OF 2014 ORDER:
Heard the learned counsel appearing for the petitioners.
This writ petition is filed seeking to issue a writ of mandamus, declaring the action of the first respondent in not allowing the petitioners to appear for written test/interview for selection and appointment to the post of workers as illegal, arbitrary and contrary to the judgment of the Hon’ble Supreme Court of India and consequently direct the respondents to consider the case of the petitioners for selection and appointment to the post of workers without insisting that the names of the petitioners should be sponsored by the employment exchange.
It is submitted by the learned counsel appearing for the petitioners that the petitioners have registered their names in the employment exchange, Guntur District. The first respondent addressed the second respondent to sponsor certain names for the purpose of appointment to the posts of workers, but the names of the petitioners were not sponsored.
The grievance of the petitioners is that even if their names are not sponsored by the employment exchange, the first 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.
In State of Bihar Vs. Upendra Narayan Singh and
[1]
others , 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.
In view of the above Judgment of the Hon’ble Supreme Court, the respondents are directed to permit the petitioners to appear for the written test/interview for selection and appointment to the post of workers.
Accordingly, the writ petition is disposed of at the admission stage. No order as to costs. The Miscellaneous Petitions pending if any shall stand closed.
R.KANTHA RAO,J Date: 21-07-2014 Shr.
THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT PETITION NO.20309 OF 2014 Date: 21-07-2014 Shr.
[1] 2009 (5) SCC 65.