A State cannot discriminate against citizens of India on grounds of residence in matters relating to employment.

SATHIADEV, J.

1. These writ appeals are preferred against the order dated 27-11-1985 in W.P. 11167 and 11168 of 1985. The first of the two writ petitions was filed by one R. Anuradha, who had registered herself in the Employment Exchange at Nandanam, Madras and who responded to an advertisement which appeared in Indian Express dated 26-9-1985 published by the Life Insurance Corporation of India, Madras division, inviting applications for filling up 120 vacancies in the cadre of Assistants. Though she possessed the req uisite qualifications, the note in the advertisement to the following effect disentitled her application being considered—

“Only candidates registered with Employment Exchanges of Chingleput, South Arcot, North Arco districts and also Union terriorry of Pondicherry will be eligible for appointment in the office of Chingleput, South Arcot, North Arcot Districts and Union Territorry of Pondicherry respectively.”

The last date for receipt of applications was 10-10-1985 and, thereafter, candidates will be called for a written test and also interview. Since the respondent-Corporation is a ‘State’ within Art 12. it cannot discriminate citizens of India on grounds of ‘residence’ in matters relating to employment, and therefore, not to be deprived of her chance of getting employment, she had come to Court at the earliest point of time for declaring that the criteria laid down in the advertisement dated 26-9-1985, con fining the recruitment only to candidates registered within certain Employment Exchanges is illegal, arbitrary and violative of Art. 14 and 16(2). She has sought for a further direction for re-advertisement without the offending clause.

2. W.P. 11167 of 1985 was filed by the National Life Insurance Employees Association, taking up the same points and claiming that family members of the Association who are eligible to apply but for the offending conditions, are being deprived of an opportunity of applying for these vacancies, and hence the Association also has asked for similar reliefs.

3. The learned Judge dismissed the writ petitions by holding that when ultimate selection has to take place preference will be given to those persons residing in those particular places, having regard to the fact that the vacancies for which applications are invited will be in and around these local areas and that stage had not yet reached, and because large number of persons have responded to the advertisement a direction in the nature asked for cannot be issued. It was also held that the note in the advertisement does not offend Art. 16,

4. Mr. NG.R. Prasad learned counsel for appellants, submits that respondent being constituted under a statute and it being a ‘State’ under Art. 12 of the Constitution of India, is in law bound to make available every vacancy to every eligible citizen of India. Instead, by the involved advertisement, it has reserved these vacancies only to those eligible candidates who have registered themselves in the specified Employment Exchange. Such a compartmentalisation not being sanctioned by law, this could not s tand the test of reasonableness, and it bad violated Art. 16 (2) of the Constitution, which the learned Judge had not properly appreciated.

5. Mr. J. Kanakaraj, learned counsel appearing for the respondent-Corporation, submits that the exclusion is not made based on ‘residence’ and that any one residing in any part of India could get themselves registered in the specified Employment Exchanges and it was a reasonable classification evolved so that the vacancies may be evenly distributed, and the nature of the post is also relevant factor and hence it would not result in offending Art. 16(2) by confining the recruitment only to persons who have registered in the concerned Employment Exchanges. It will also be easier to verify about the correctness of the claim made, if the applicants are confined to the concerned Employment Exchanges. There had been certain circulars issued bv the Centr