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1996(3) Supreme 98
SUPREME COURT OF INDIA
J.S. Verma and B.N. Kirpal, JJ.
Executive Officer -Appellant
versus
E. Tirupalu & Ors. etc. -Respondents
Civil Appeal Nos. 4507-4514 of 1996
with
Civil Appeal Nos. 4515-4516, 4517-24, 4525 and 4526 of 1996
All Decided on 26-3-1996
Held that no prejudice could be regarded to have been caused to the respondents by their being regarded as ex-inmates. The total number of vacancies which were available were more than the total number of candidates who were inmates and ex-inmates. It is unfortunate that these in-house candidates were not selected. Clause (b) of Rule 6 which refers to preference being given to the inmates in appointment in the Devasthanams does not and cannot imply that irrespective of the merits of the candidates, the inmates have to be given appointments. The appellants have rightly resorted to the procedure of making selection from the inmates, ex-inmates and general candidates who were eligible, by holding written test/interviews and clause 6 can only mean that with the merits of the candidates being equal, preference would be given to the inmates of the Balamandir. (Para 7)
Further held : On the facts of the present case, the distinction between inmates and ex-inmates looses all relevance because 193 inmates/ex-inmates were considered for appointment and 53 of them were selected. In comparison to the candidates who were selected, the respondents were obviously not found to be equally meritorious. Counsel for the respondent has not been able to show that at any point of time, there was a promise or an obligation on the part of Devasthanams to give employment to the inmates, even if it is presumed that the ex-inmates like the respondents have to be treated at par with the inmates. Under these circumstances, the High Court clearly erred in issuing the direction which had the effect of granting appointment to the respondents even though they were considered but were not found to be fit for selection. The High Court ought to have held that there could be no automatic employment of inmates and ex-inmates by the appellant and that they had to go through a process of selection. There was a selection in the year 1991 when the respondents were considered but were found not to be fit for selection and no relief could have been granted to the respondents. (Para 9)
JUDGMENT
Kirpal, J.-The Tirumala Tirupati Devasthanams, the appellant herein, started Sri Venkateshwara Balamandir which is an Orphange for orphans and destitute children for providing free boarding, lodging, clothing and education upto the age of 18 years so as to enable them to acquire good education and get employment. According to the appellants when an inmate/ex-inmate of the Balamandir is qualified and eligible to a post in Devasthanams, he is considered along with other inmates as per the rules of recruitment in vogue. The Executive Officer of the Devasthanams on 23.4.1980 recorded proceedings, inter alia, to the effect that every Balamandir candidate should be given maximum education and when he has completed the same, he should be provided with the employment in Devasthanams as a matter of routine without reference to Employment Exchange. It was further recorded that till they are given jobs in Devasthanams, they will be continued in the Balamandir.
2. At the request of the appellant, the Government exempted the inmates/ex-inmates of the Balamandir from the purview of Employment Exchange by order dated 5.6.1982. The ex-inmates are those who are discharged from the Balamandir. Rule 5 of the Rules framed by the Devasthanams deals with discharge from the Balamandir and Rule 6, which deals with personal records and Rule 8 which refers to disqualification from being entitled to any benefit, are as under :
"(5) Discharge :
(a) All the inmates who attain the age of 18 years shall be discharged at the end of the academic year in which they complete the age of 18 years :
(b) In case the parent/guardian of the inmate requests for premature discharge of the inmate such request will be considered on personal grounds. If the Management considers that such request is genuine and justifies the premature discharge of the inmates, the discharge may be considered.
(c) Any inmate who fails or is detained in any class will be discharged forthwith.
(d) Indiscipline will not be tolerated. The Manager, Balamandir will report cases of indiscipline to the Devasthanams Educational Officer. The Devasthanams Educational Officer will give warning for not more than two occasions during the whole career to the inmate. A third case of indiscipline may result in discharge. Absence from prayer without permission of the Manager will be treated as indiscipline.
(6) Personal Records :
"Dosiers" will have to be maintained for each inmate giving out and particulars of admission, medical check-up report, and progress report and cases of discipline etc. In short, should be a personal record of the concerned inmate during his stay in the Bala Mandir.
(a) The personal record will be reviewed by the Devasthanams Educational Officer once in a year.
(b) The personal records will be taken into consideration while considering the inmates case for giving preference in appointment in TTD.
(c) The personal record will be received by the Dev. Educational Officer once in a year.
(d) As far as possible the inmates of Balamandir will be absorbed in the various institutions of the TTD subject to their being eligible and suitable.
(8) Disqualification :
If an inmate is ordered to be removed on the ground of punishment or on the ground of admission furnishing false information such inmate shall not be entitled to any benefit as an inmate of the Bala Mandir. An entry shall be made against this name in the admission register and other relevant registers to indicate the disqualification.
The above enclosures, therefore, placed before the Management Committee and Board for its approval of the "Norms formulated now in regard to S.V. Bala Mandir, Tirupati.""
3. The respondents being ex-inmates of the Balamandir, who have filed separate writ petitions in the High Court of Andhra Pradesh had been discharged from the said Institution though they had not completed the
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