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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MUMMINENI SUDHEER KUMAR, J
S. Nagaraju – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER :
1. The brief facts that are relevant for disposal of the writ petition are as under:-
1.1. The petitioner herein has got valid registration with the Respondent No.4 vide Registration No.VLD 2007M00020030 as on 01.11.2007 and the same relating back to 14.11.2002. From the qualifications that are possessed by the petitioner i.e., Degree Mathematics and B.Ed., (Telugu Medium), the petitioner is qualified for being appointed to the post of 'B.T Assistant, Mathematics (Telugu Medium)' as on 14.11.2002. While so, the Respondent No.2 herein called for the names of eligible candidates for being appointed to the post of Graduate Assistant backlog vacancies for the recruitment years 2008-2009, 2009-2010 and 2010-2011 in respect of the minority languages through employment seniority including the post of B.T Assistant, Mathematics (Telugu Medium). Accordingly, the Respondent No.4 has sponsored the names in the ratio of 1:5 and accordingly, the Respondent No.2 also called all the candidates whose names were sponsored for certificate verification. At that stage, the petitioner, on having come to know that he is not called for certificate verification, approached this court by filing W.P.N
The court upheld the appointment of Respondent No.5, attributing the petitioner's exclusion to his failure to timely update registration details, emphasizing shared responsibility.
The court ruled that employment exchanges are not liable for negligence in registration errors and that candidates must act promptly to rectify issues.
Termination of employment without following the principles of natural justice, especially when the employee has a valid appointment, is unlawful and discriminatory.
Minor omission of training institute in employment exchange registration does not deny notional regular appointment parity with batchmates when certificate valid and silent on institute; contract app....
The main legal point established in the judgment is the void ab-initio nature of the appointment based on forged and fabricated documents, leading to the termination of the petitioner's services.
The court ruled that the selection process for Junior Assistant posts did not violate constitutional rights, emphasizing the need for accuracy in recruitment advertisements.
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