A. Subrahmanyam vs Executive Officer, T.T.D. and Another

Radha Krishna Rao, J.—This writ petition is filed for issuance of a writ of mandamus declaring the action of the respondents in insisting to consider the claims of only those candidates who are sponsored by the Employment Exchange to the post of Attender, as arbitrary, illegal and violative of Articles 14 and 16 of the Constitution of India and consequently directing the respondents to consider the claim of the petitioner for the said post.

According to the petitioner he registered his name with the Employment Exchange after passing tenth class. The 1st respondent notified about 100 vacancies of attenders to the Sub-Employment Exchange, Tirupathi, Chittoor District, for sponsoring eligible candidates without notifying the same to the District Employment Exchange, Chittoor District. Had the 1st respondent notified the vacancies to the District Employment Exchange, the petitioner would have received call letter for interview for the above post.

Heard both the learned counsel.

It is contended that the Supreme Court has specifically ruled that if management/ authorities proceed on a particular footing for selection, it should not be interfered with. Whether the post of Attender falls within the purview of the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 or not, is not material. But what is material is the mode of selection that is being adopted. When candidates are sponsored through the Employment Exchange, it cannot be said that this Court has power to direct the authorities to deviate from the procedure.

The contention that the post of Attender will not come under the purview of Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959, does not hold good, so long as the management prescribes particular procedure for selection and filling the posts notified.

Accordingly, the writ petition is dismissed. No order as to costs.