The Madras High Court today said authorities should call for public employment through advertisements as well as calling the list from Employment Exchange.
A division bench, comprising Justices N Paul Vasanthakumar and P R Shivakumar, gave the direction after perusing various Supreme Court judgements while dismissing the appeal by five candidates for the post of teachers.
The petitioners contended that their right had been affected due to Rule 10(A)(a) of Tamil Nadu State Subordinate Service Rules in so far as restricting recruitment of teachers through Employment Exchange was concerned.
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"We are of the view that the declaration sought for by the appellants are deserved to be allowed and accordingly, the writ appeal is allowed in so far as the declaration prayer alone is concerned, namely, to declare Rule 10(A)(a) of the Tamil Nadu State and Subordinate Service Rules empowering the government to get list only from the Employment Exchange for appointing persons in various posts," the bench said.
As directed by the division bench on June 9 2014, the authorities shall call for applications through advertisements and call for the list from employment exchange, if required, and make any selection in public employment for both temporary and permanent appointments, the court said.
It noted that the appellants' had stated they had passed the Higher Secondary Exam and the first year Diploma Course in Teachers Education in 1992-1993 at Good Samaritan Teachers Training Institute, Pudukottai, which enjoyed temporary recognition. The recognition was however set aside by the division bench, along with a batch of cases on April 27 1993.
By virtue of the judgment, about 28,000 Teacher Training students who did the course in private teaching institutes were affected and Tamil Nadu government took a policy decision to give training to affected students through Government Teacher Training Institutes in a phased manner, they said.
Thereafter, the National Council for Teacher Education Act came into force from July 1 1995, prescribing uniform syllabus and curriculum for teacher education in India.
The appellants said they finished the two-year course in 2008. By virtue of selection given on the basis of seniority in registration in Employment Exchanges for the post of Secondary Grade Teachers, their right had been affected, they said.
So they filed a petition challenging Rule 10(A)(a) as it restricts appointment of Secondary Grade Teachers only through Employment Exchange.
The Bench referred to various judgments of the apex court and the High Court and said selection to any public office shall be made not only by calling candidates through Employment Exchanges but also through advertisements in newspapers.
