LAWS(MAD)-2014-9-461

K GANESAN Vs. DIRECTOR OF SCHOOL EDUCATION; CHIEF EDUCATIONAL OFFICER, MADURAI DISTRICT; DISTRICT EDUCATIONAL OFFICER, MADURAI EDUCATIONAL DISTRICT,; P MUTHUSELVI; J SIVA; M SOUNDARARAJAN; P MURUGESHWARI; V KUMAR; K CHANDRAN; K SURIYAN; MUNISHKUMAR

Decided On September 24, 2014
K Ganesan Appellant
V/S
Director Of School Education; Chief Educational Officer, Madurai District; District Educational Officer, Madurai Educational District,; P Muthuselvi; J Siva; M Soundararajan; P Murugeshwari; V Kumar; K Chandran; K Suriyan; Munishkumar Respondents

JUDGEMENT

(1.) Dream has come true for India. 'Mangalyan' has successfully entered the Mars Orbit, today. The Nation congratulates ISRO. This reaffirms that self-confidence and tireless efforts, with untainted motive, are the foundation for any success. Be it science, art, technology, economics, law, etc., to unearth the truth is the mission of every field. We, as a Nation, have made remarkable achievements in every field post-independence. The Indian judiciary, in particular, which is considered to be one of the strongest institutions globally, has, in the past, left no stone un-turned to unearth the truth. In the instant case, though, it, at its first blush, looks to be a small issue, for the poor man, who is before this Court as a litigant, it is life. So, this Court needs to make every endeavour to unearth the truth.

(2.) Quality of governance is essentially depending on the quality of the public servants, we have. Influencing the action of officials or getting influenced in the discharge of their official duty itself, besides being unethical, amounts to corruption. The makers of our Constitution, the great visionaries, aimed at providing equality of opportunity in public employment. Article 14 of the Constitution of India, which guarantees equality before law and equal protection of laws, is an arch enemy of arbitrariness. Article 16 of the Constitution guarantees equal opportunity in public employment.

(3.) The poor youths of this Country aim at small employment like Office Assistant, Sweeper, Watchman, Gardener, etc. These posts have been classified as Basic Service. When these unemployed youths pin their hope on the equality guaranteed under Articles 14 and 16 of the Constitution, it is, at times, thwarted by hatred elements like nepotism, favouritism, corruption, undue influence, etc. In the instant case, the petitioner knocks at the doors of this Court seeking justice, alleging the above. He challenges his non-selection for the post of Watchman in Government Service.