R. PREMA LATHA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) "We the People of India" resolved equal opportunity in public employment under the Constitution. Inequality in public employment violates social justice. Corruption in the process of selection is anti developmental. Misplaced sympathy or leniency, while dealing with illegality, corrupt practices in the process of selection by the State or by the Courts amount to abating unconstitutionality. The Authority of the State or the Authority of the Courts are bound by the constitutional mandates and principles. Remaining as silent spectator on illegality and corruption is the worst form of unconstitutionality. Easy approach by the State or by the Courts undoubtedly resulted in spreading of large scale corruption in this country in the matter of public appointments. The extent of illegality, corrupt activities in the process of selection plays pivotal role in setting aside the process of selection as a whole.

(2.) Lakh and lakh of meritorious youth of this country are longing to secure public employment through Open Competitive Process. Their confidence in the system is demolished if the State and the Courts allow the illegality and corrupt activities in the process of selection. Are those meritorious candidates are sinners? What is the duty of the Constitutional Authorities and the State to deal with such situations, where large scale corruption in the process of selection is traced out. Equality clause enunciated how long be allowed to remain in Constitution Book in this country, even after completion of 75 years of independence. Growing trend of corruption is the agony. The working of constitution and the Courts in this regard must be looked into seriously.

(3.) The greatest negativeness is that greedy people are adopting delay tactics in order to cover up the illegalities and corrupt practices by keeping the issues pending either before the State or before the Court of Law, which gave them strength for escaping from consequences. "Justice delayed is justice denied" is the old theory and even in case of delay, justice must prevail.