WPSS/1040/2022
2022 Latest Caselaw 3104 UK

             Office Notes, reports,
             orders or proceedings
SL.
      Date     or directions and                       COURT'S OR JUDGES'S ORDERS
No
             Registrar's order with
                  Signatures
                                      WPSS No. 1040 of 2022
                                      Hon'ble Manoj Kumar Tiwari, J.

Mr. Ananya Thapliyal, Mr. Xitij Kaushik & Ms. Neeti Rana, Advocates for the petitioner.

Mr. Abhilash Nainwal, Advocate, holding brief of Mr. Pankaj Purohit, Advocate for respondent no. 1.

Mr. Vinay Kumar, Advocate for respondent no.

Mr. V.S. Rawat, Brief Holder for the State of Uttarakhand/ respondent no. 3.

Heard learned counsel for the parties. Petitioner is aggrieved by rejection of his candidature for appointment to the post of Junior Engineer in Power Transmission Corporation of Uttarakhand Ltd. Petitioner's candidature was rejected only on the ground that he was not registered with the Employment Exchange on the last date of submission of application.

By means of this writ petition, petitioner has sought the following reliefs:-

"i) issue a writ, order or direction in the nature of certiorari quashing the impugned office letter dated 20.05.2022 passed by respondent no. 1 (contained as annexure no. 6 to the writ petition) by which the candidature of the petitioner to the post of Junior Engineer (Electrical/Mechanical) (Trainee) has been rejected.

ii) Issue a writ, order or direction in the nature of mandamus directing to the respondent no. 1 to recommend the name of the petitioner for appointment on the post of Junior Engineer (Electrical/mechanical) (Trainee) pursuant to the final merit list and further a writ of mandamus also be issued to the respondent no. 2 to issue the appointment letter on such recommendation to the petitioner within stipulated period.

iii) Issue a writ, order or direction appropriate in nature by declaring the condition no. 4 of the advertisement as illegal and the same be struck down."

Reliance has been placed by learned counsel for the petitioner on a judgment dated 05.12.2018 rendered by Division Bench of this Court in Special Appeal No. 932 of 2018. Paragraph no. 12 of the said judgment is reproduced below:-

"12. In any event prescription of compulsory registration with the employment exchange, or the name of the candidate to be sponsored by the employment exchange, for being considered for appointment to public posts has been held by the Supreme Court, in the judgments referred to hereinabove, to be illegal."

Since the question is no longer res-integra, as Division Bench of this Court has declared the condition of registration with Employment Exchange for public employment as unjust and illegal, therefore, the present writ petition is decided in terms of the judgment rendered by Division Bench of this Court in Special Appeal No. 932 of 2018.

The Selecting Body is directed to declare the result and proceed in the matter, as per law.

(Manoj Kumar Tiwari, J.) 23.09.2022 Navin