Sokkalai Higher Secondary School vs District Employment Officer, District Employment Exchange and Others

Vinod K. Sharma, J.—The petitioner prays for the issuance of a writ in the nature of certiorari, to quash the order passed by the District

Employment Officer declining to forward the name of the candidates eligible for appointment to the post of Junior Assistant, Sweeper and

waterman on the ground that the petitioner was required to get prior approval from the Chief Educational Officer for filling up the post. The

impugned order on the face of it is arbitrary and not sustainable in law as the District Employment Officer has no right to determine the eligibility of

the candidates.

The only job of the District Employment Officer is to sponsor the names of eligible candidates on roll of the employment exchange as and when

the requisition is sent.

The Employment Officer cannot decide about the seniority or other condition for recommending the name etc. However, there is no need to

issue any order as prayed for as the respondent can advertise the post and call the names from the open market to give chance to all eligible

persons to compete.

The employment exchange is only one of the source for inviting applications of eligible candidates.

The names forwarded by the Employment Exchange can only be considered along with the candidates from open market.

The non-sponsoring of the names by the employment exchange does not in any way affect the legal right of the petitioner to go ahead with the

employment, as the persons registered with Employment Exchange can always apply in response to the advertisement to be issued by the

petitioner.

As the petitioner''s legal rights are not affected by the impugned order, there is no necessity to interfere with the order. It is for the respondent

No. 1 to sponsor or not to sponsor the list in response to the requisition of the petitioner. The only requirement under Law is that employer has to

notify the available vacancies to employment exchange that has been done by requesting employment exchange to sponsor the names. As the relief

claimed will amount to issuance of futile writ, this writ is ordered to be dismissed with liberty to the petitioner to proceed with process of

appointment in accordance with law, by giving chance to all eligible candidates. In the result, there is no merit in this writ petition and accordingly,

the same is dismissed. No costs. Consequently, the connected Miscellaneous Petition is also dismissed.