IMPORTANT POINT
The Act does not oblige any employer to employ only those sponsored by Employment Exchanges.

ORDER ON BOARD :

1. This petition has been filed for quashing the order dated 25.02.2015 (Annexure-P/1) passed by respondent No.4, whereby, petitioner’s appointment on the post of Lab Technician vide appointment order dated 24.12.2013 (Annexure-P/4), has been cancelled.

2. Facts of the case are that an advertisement was published by respondent No.4 on 16.05.2012 (Annexure-P/3) inviting applications for the various posts including Lab Technician. The petitioner has applied for the post of Lab Technician and after completion of selection process an appointment order was issued in his favour on 24.12.2013 (Annexure-P/4). On 13.01.2015, a show cause notice (Annexure-P/5) was issued to him by the respondent/Authority for want of valid live registration with Employment Exchange. Thereafter, another show notice was issued to the petitioner on 12.02.2015 (Annexure-P/9) for want of valid domicile certificate stating that he is not resident of District Surguja and is resident of Manendragarh. The Tashildar, Manendragarh also responded on such issue by memo dated 03.09.2014 stating that the petitioner is not entitled for a Permanent Domicile Certificate of Tahsil Manendragarh.

By the impugned order dated 25.02.2015, the respondent/Authority cancelled the appointment of the petitioner on the ground that petitioner is not having valid live registration with the Employment Exchange and he is also not having valid domicile certificate. Hence, this petition has been filed for the following reliefs:-

(i) To quash the order dated 25.02.2015 (Annexure-P/1) passed by the respondent No.4, Division Joint Director, Division Surguja, Ambikapur (CG)

(ii) To quash the order dated 03.09.2014 (Annexure-P/2) passed by respondent No.6, Tahsildar, Manendragrah, Koriya (CG).

(iii) To direct the resp to reinstate the services of the petitioner on the post of “Lab Technician” with back wages, along-with interest.

(iv) Cost of the petitioner may also be granted to the petitioner from respondents.”

3. Learned counsel for the petitioner submits that the issue relates to want of valid live registration with the employment exchange directly came before this Court in the matter Nitish Vachhani Vs. State of CG and Anr [WPS No.2221/2013 decided on 13.12.2013] wherein the object and provision contained in the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 (for short the “Act 1959”) has been considered. Learned counsel submits that in the said case the reliance was placed in the matter of Union of India and Ors Vs. N. Hargopal and Ors, (1987) 3 SCC 308 whereby, it has been observed that the only purpose of such enactment is to notify the vacancies to the Employment Exchanges by the employer. Learned counsel also submits that the object of the Act is not to restrict but to enlarge the field of choice so that the employer may choose the best and most efficient candidate and to provide an opportunity to the workers who have raised their claim for appointment. It is further submitted that it is clear that the Act does not oblige any employer to employ those persons only who have been sponsored by the Employment Exchange. Learned counsel also submits that the aforesaid judgment was also followed by this Court in the matter of Nagesh Dhruw Vs. State of CG and anr [WPS No.848/2014 decided on 18.02.2014], wherein, while allowing the petition this Court issued a direction to Authorities to consider the petitioner’s appointment, even without the live registration.

4. Learned counsel for the petitioner also refers to the notification issued the State dated 28.05.2019, wherein in exercise of the powers conferred by sub-para 5 of the Fifth Schedule to the Constitution of India, the Governor of Chhattisgarh, modified the provision regarding “eligibility for appointment” mentioned in Rule 5 of the Chhattisgarh Civil Services (General Conditions of Service) Rules, 1961 made by the Sate Government under Article 309 of the Constitution of India vide Notification No. F I-1/2