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S. M. SUBRAMANIAM, C. KUMARAPPAN
V. Karnesh – Appellant
Versus
Chairman cum Managing Director, TANGEDCO. , Ltd. – Respondent
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 ca
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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