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Andhra Pradesh High Court
Judges : O.CHINNAPPA REDDY
A.Rama Rao - Appellant
Versus
Post Master General, Andhra Circle, Hyderabad - Respondent
Decided On : 11-09-74
CONSTITUTIONAL LAW - FUNDAMENTAL RIGHTS - EQUALITY OF OPPORTUNITY IN PUBLIC EMPLOYMENT - DENIAL OF EMPLOYMENT ON THE BASIS OF POLITICAL BELIEFS OR PAST POLITICAL AFFILIATIONS - VIOLATION OF ARTICLES 14 AND 16 OF THE CONSTITUTION - POLICE REPORTS ON POLITICAL BELIEFS AND ASSOCIATIONS - IMPROPRIETY.
Fact of the Case:
The petitioner, a young man, was denied employment under the government on the ground that he was a member and an active worker of the Student Federation of India and that he had attended a Yuvajana Sangh meeting organised by the Marxist Communist Party.
Finding of the Court:
The court held that the denial of employment to the petitioner on the basis of his political beliefs or past political affiliations was a violation of his fundamental rights under Articles 14 and 16 of the Constitution. The court also held that the practice of seeking police reports on the political beliefs and associations of a candidate for public employment was improper and repugnant to the basic rights guaranteed by the Constitution.
Issues: 1. Whether the denial of employment to the petitioner on the basis of his political beliefs or past political affiliations was a violation of his fundamental rights under Articles 14 and 16 of the Constitution? 2. Whether the practice of seeking police reports on the political beliefs and associations of a candidate for public employment was improper and repugnant to the basic rights guaranteed by the Constitution?
Ratio Decidendi: 1. The court held that the denial of employment to the petitioner on the basis of his political beliefs or past political affiliations was a violation of his fundamental rights under Articles 14 and 16 of the Constitution. The court observed that the right to freedom of speech and expression, the right to form associations or unions, and the right to equality before the law and the equal protection of the laws are fundamental rights guaranteed by the Constitution. The court held that the denial of employment to the petitioner on the basis of his political beliefs or past political affiliations was a violation of these fundamental rights. 2. The court held that the practice of seeking police reports on the political beliefs and associations of a candidate for public employment was improper and repugnant to the basic rights guaranteed by the Constitution. The court observed that the whole idea of seeking a police report on the political faith and the past political activity of a candidate for public employment appears to cut at the very root of the Fundamental rights of equality of opportunity in the matter of employment, freedom of expression and freedom of association.
Final Decision: The court allowed the writ petition with costs and quashed the proceedings of the respondents dated 25-5-1972 and 26-5-1972. The respondents were directed to re-entertain the petitioner in service, depute him for training if necessary, and do all other things necessary and incidental.
( 1 ) INDIA is a democratic republic. It was so resolved by its people twenty five years ago, on 26-1-1950. It is not a police State. The people of India who resolved to constitute India into a democratic re public determined to secure to all its citizens "liberty of thought, exprsssion, belief, faith and worship, Equality of opportunity and Fraternity assuring the dignity of the individual. This determination of the people, so boldly and wisely proclaimed in the preamble of the Constitution of India, is, let us hope, not a forgotten chapter of history. This determination which has been written into the Articles of the Constitution In the shape of rights declared as fundamental and inviolable is what makes India a democratic republic and what marks india from authoritarian or police states. The right to freedom of speech and expression is declared fundamental; so is the right to form associations or unions; so is the right to assemble peaceably and without arms; so is the right to equality before the law and the equal protection of the laws; so IS the right to equality of opportunity in matters relating to employment or appointment to any office under the State, Yet a young man has been denied employment under the government on the ground that he was a member and an active worker of the Student federation of India and that he had attended the Yuvajana Sangh meeting organised by the Marxist Communist Party at Sattenapalli. Patently the young man has been denied the right to equality of opportunity in the matter of public employment, he has been denied the right to freedom of expression and the right to freedom of association. This is the third case of its kind which has come before me. That should be enough for any judge to be troubled by his conscience and to take up the constitutional issues involved, lest the virus spread. I proceed to do so.
( 2 ) THE Post Master General, Andhra circle, Invited applications for appointment to posts of T. S. Clerks. The petitioner submitted his application. He was selected for appointment and deputed to undergo training at the circle Telecommunications training Centre, at Kakinada. As required he executed a bond in the prescribed form, which was guaranteed by the Life Insurance Corporation of india. While he was undergoing training he received a communication from the assistant Engineer purporting to discharge him from the Training Centre. No reasons were mentioned. The petitioner protested through his advocate, whereupon he was informed by the Divisional Engineer that he had been discharged from the Training Centre as the Police verification report was unfavourable to him. The petitioner has filed the present application for the issue of a writ to quash the order of discharge and for a direction to the respondents to continue the petitioner in the training Centre.
( 3 ) THE respondents have produced the relevant records and on a perusal I find that the basis of the order of discharge is the following communication received by the Divisional Engineer, Telegraphs, guntur from the District Revenue officer and Collector (in full additional charge ). "the Superintendent of Police, Guntur reported that Sri A. Rama Rao resident of Perikapadu of Sattenapalli taluk is the member of Student Federation and active worker of the S. F. I. It is also reported that the individual has attended the Yuvajana sangh Meeting organised by CAM. "at Sattenapalli on 2-1-72 and it is not desirable to entertain him in the Department
( 4 ) THAT IS the entire allegation against the petitioner. It is seen that it is not alleged that he ever participated in any illegal or subversive activity. Be It noted that neither the Student Federation of India nor the Marxistcommunist party is alleged to be engaged in any subversive activity. Distinguished members of the marxist Communist Party have been and are members of Parliament and Stata Legislatures. They are listened to with respect inside and outside Par
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