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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, C. KUMARAPPAN, JJ.
V. Karnesh - Appellant
Versus
The Chairman cum Managing Director, TANGEDCO., Ltd. and Ors. – Respondents
W.A.Nos.1498, 1501, 1502, 1504 to 1506, 1516, 1520 & 1526 of 2019
Decided On : 11-07-2024
EQUAL OPPORTUNITY - PUBLIC EMPLOYMENT - The court emphasized the constitutional mandate of equal opportunity in public employment, asserting that appointments must be made through an open competitive process in accordance with existing Recruitment Rules. The court referenced the Supreme Court's ruling in State of Karnataka Vs. Uma Devi, which prohibits backdoor appointments, reinforcing the necessity for transparency and fairness in public service recruitment.
Fact of the Case:
The writ appeal was filed to challenge an order regarding the appointment process within the Tamil Nadu Electricity Board, citing irregularities in selection procedures.
Finding of the Court:
The court found that the selection and appointment processes must adhere strictly to established rules, as reiterated by the Supreme Court in previous judgments, particularly in the case of R.Muthukumar vs. TANGEDCO.
Issues: Whether the appointment process in the Tamil Nadu Electricity Board adhered to constitutional mandates and recruitment rules, and whether the irregularities claimed by the appellants warranted intervention.
Ratio Decidendi: The court held that the principles established by the Supreme Court regarding equal opportunity and the prohibition of illegal appointments are binding, and that the current case did not present new issues warranting a different conclusion.
Result: The writ appeals were dismissed, affirming the necessity for compliance with recruitment rules and the prohibition of irregular appointments.
JUDGMENT :
(S.M. Subramaniam, J.) :
(Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 13.03.2018 passed in W.P.No.5592 of 2018 on the file of this Court by allowing this writ appeal.)
Equal opportunity in public employment is the Constitutional mandate. Appointment to the public posts are to be made through open competitive process and in accordance with the Recruitment Rules in force. Back door, illegal and irregular appointments are absolutely prohibited by the Constitution Bench of the Hon'ble Supreme Court of India in the case of State of Karnataka Vs. Uma Devi, (2006) 4 SCC 1. Thus, the employment to public services are to be made by affording equal opportunity of participation to the eligible candidates.
2. Mr.V.Govarthanan, learned counsel for the appellants would submit that many irregularities are occurring in the process of selection in the Tamil Nadu Electricity Board.
3. It is made clear that the selection and appointments are to be made strictly in accordance with Rules.
4. As far as the writ appeals on hand are concerned, the grounds raised are no more res integra. The Three Judges Bench of the Hon'ble Supreme Court of India in the case of R.Muthukumar and Others vs. The Chairman and Managing Director, TANGEDCO and Others, Civil Appeal No.1144 of 2022, etc and batch, delivered the judgment allowing the appeal filed by the Tamil Nadu Electricity Board, the relevant paragraphs are extracted hereunder; para 21 to 25.
5. In view of the judgment of the Apex Court cited supra, the present Writ Appeals fail and consequently, all the writ appeals are dismissed. No costs.
The constitutional principle of equal opportunity in public employment mandates that all appointments must be conducted through a transparent and competitive process, as established by the Supreme Co....
Appointments in public service must comply with constitutional mandates and recruitment rules; backdoor appointments cannot be regularized.
In order that a mandamus may issue to compel the authorities to do something, it must be shown that the statute imposes a legal duty on the authority and the aggrieved party had a legal right under t....
(1) When appointment of candidates is a nullity in law making them disentitled to hold posts, principles of natural justice were not required to be complied with, particularly when same would be noth....
The cancellation of the appointment was justified due to the tainted selection process and the violation of recruitment rules. Equal opportunity in public employment is a constitutional mandate.
Eligibility for employment cannot be retroactively altered post-selection without statutory basis, safeguarding candidates' rights under Articles 14 and 16.
Writ petitions must demonstrate relevance and violation of service rules to be entertained, particularly when the selection process has concluded.
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