J RIJAY Vs. UNION OF INDIA

JUDGEMENT

(1.) The order dated 20.03.2018, rejecting the claim of the writ petitioner for permanent absorption in a permanent vacancy in the time scale of pay is under challenge in this writ petition.

(2.) The legal principles to be considered in this writ petition are that equal opportunity in a public employment is a constitutional mandate. There cannot be any discrimination in respect of providing opportunity to all the eligible candidates, who all are aspiring to secure public employment by participating in the open competitive process. It is a constitutional perspective that the competent authority cannot engage persons on temporary basis and thereafter grant benefit of regularization of permanent absorption without conducting the selection process and by not adhering the Recruitment Rules in force.

(3.) It is not as if a person can be appointed in violation of the Recruitment Rules in force. This Court has to consider the plight of teeming millions of young minds of this Great Nation, who all are boiling their mid-night lamps to secure public employment by participating in the open competitive process. We cannot deprive the constitutional right of those eligible persons, who are longing to secure the public employment and the present writ petition is to be looked into in this perception.