Employment exchange sponsored job is legal or not
sanju ghosal
(Querist) 16 April 2013
This query is : Resolved
A govt aided university recruited 39 persons for the post of group C & Group D category. Out of these persons, 21 were sponsored by eleven employment exchanges and the rest applied from official notice,cirulated through University notice board but there was no public announcement in any media. After passing written test & viva, we got job. Some persons filed a suit in High Court citing reason of illegal appointment as there was no public announcement in any media. The case is pending in court.Sir, my name was sponsored by an employment exchange for the post of Group C job which I am now enjoying but I am very worried.Kindly let me know whether I may loose my job inspite of employment exchange sponsored candidate.
Guest
(Expert) 16 April 2013
Depends upon the rules for recruitment for the posts. You have not quoted on which ground the matter has been challenged through the HC. Since the matter is in the court of law, without going through the case related papers and recruitment rules of the University, it cannot be commented upon whether the appointments were legal or not.
However, as of general information, except for the vacancies reserved for departmental employees, for open recruitment purposes, every Government organisation is bound to notify its vacancies to the employment exchange to sponsor its registered candidates with the specified qualifications and experience. Only vacancies that remain unfilled through employment exchange are required to be notified by public announcement through Enployment News/ Rozgar Samachar, local or national newspapers, etc.
R.K Nanda
(Expert) 16 April 2013
agree with experts.
sanju ghosal
(Querist) 26 April 2013
Respected Sir,
I read your valuable advice but still suffering for mental agony because the persons who filed the suit are citing the supreme court judgement in 1996 Excise Superintendent, Malkapatnam, Krishna Dist.(A.P) VS. K.B.N.Viswehwara Rao & others wherein it was stated that public announcement for any govt. job is necessary.
Kindly advise me.
Regards,
S. Ghosal
Raj Kumar Makkad
(Expert) 26 April 2013
The case law is definitely self explanatory. It is must to publish for public appointments.
Guest
(Expert) 26 April 2013
Did the judgment say that the public announcement is mandatory for Group C & D also?
Post of Excise Superintendent does not belong to Group C or D.
sanju ghosal
(Querist) 08 June 2013
Respected Sir,
In the statute of the aforesaid university the following lines are mentioned for any group C or Group D recruitment: -
"the university authority must inform the employment exchanges within the territory of the university/and or public notification..."
In this case, the above university only informed eleven employment exchanges within the territory of the university in the year 2002 and displayed notification in university NOTICE BOARD regarding appointment of group C & group D recruitment but no advertisement was published to any newspaper or any media.
Kindly give your valuable opinion.
Thanks & regards,
S.Ghosal.
Guest
(Expert) 08 June 2013
Mr. Ghoshal,
You are merely wasting yours as well as others time by putting repeated questions for the last 10 months. If the university has notified in 11 exchanges, do you feel that the university should notify vacancies in employment exchanges of the whole of India and also in foreign countries where it has arrangement for enrollment and examination centres also? Moreover, you have not stated how many more employment exchanges fall within its area of jurisdiction.
When you have been appointed by the university by taking you through employment exchange, the university is expected to defend fully its own action and position to justify that. I have amply cleared the point even on your 10 months old query. But still you seem to be not satisfied. If you are so alarmed of the unexpected outcome of the HC case, better try for a job in some other organisation to get rid of your uncalled for fear.
About Supreme Court judgment, every judgment does not apply on each and every case. You have not replied my query of about a month back on the nature of judgment so far but it wonders me that you still expect others to clarify your incomplete query. So, at first, get yourself acquinted with the whole case along with the so called SC judgment before putting your query.
Raj Kumar Makkad
(Expert) 08 June 2013
Your similar query has duly been attended by experts and nothing is found newer in subsequent posting from your side.
