Chennai: The Madras high court has directed the state government to call for applications through advertisement, besides calling the list from the employment exchange for making selections in public employment. Allowing an appeal from S. Vimalraj and four others, a division bench, comprising justices N. Paul Vasanthakumar and P.R. Shivakumar, gave the directive while declaring as ultra vires and unconstitutional rule 10 (A) (a) of the Tamil Nadu State and Subordinate Service Rules, empowering the government to get lists only from the employment exchange for appointing persons in various posts.
The grievance of the appellants was that after passing plus-two, they had completed their teacher training course in 2006-08. By virtue of the selection given on the basis of seniority in registration in employment exchanges for the post of secondary grade teachers, their right had been affected.Hence, they filed a petition to declare rule 10 (A) (a) as unconstitutional. A single judge dismissed it, therefore, they filed the present appeal.
Relying on a judgment of this court, A. Fathimanathan, counsel for the petitioner, submitted that the issue raised in this appeal about the unconstitutionality of rule 10 (A) (a) was already settled. However, it was kept in the statute book even after the judgment.
Citing judgments of the Supreme Court, the bench said all posts shall be filled up by issuing advertisements in at least two newspapers, one of which must be in the vernacular language having wide circulation in the respective state, apart from calling for a list from the local employment exchange.
“We are of the view that the declaration sought for by the appellants deserves to be allowed and, accordingly, the appeal is allowed insofar as the declaration prayer alone is concerned, namely, to declare rule 10 (A) (a) of the Tamil Nadu State and Subordinate Service Rules empowering government to get a list only from the employment exchange for appointing persons in various posts,” the bench added.
