Judgement

CHINNAPPA REDDY, J.:- The question raised in these appeals is whether an establishment in the public sector or an establishment in the private sector as defined in the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 may make appointments to posts to which the Act applies, of persons not sponsored by the Employment Exchanges ? A further question is whether the Act covers Government establishments also ? A Division Bench of the High Court of Andhra Pradesh has held that the Act has no application to Government establishments, that the Act casts no obligation either on the public sector establishment or on the private sector establishment to make the appointments from among candidates sponsored by the employment exchanges only and that any insistence that candidates sponsored by the employment exchanges alone should be appointed would be contrary to the right guaranteed by Arts. 14 and 16 of the Constitution. The learned Additional Solicitor General appearing for the Union of India argued that the object and the scheme of the Employment Exchanges (Compulsory Notification of Vacancies) Act and the instructions issued by the Government of India from time