S MADAN MOHAN RAO Vs. TATAPARTHY SUBRAHMANYAM MEMORIAL HIGH SCHOOL GOVT AIDED SCHOOL PALEM MAHABUBNAGAR DIST

JUDGEMENT

(1.) This Writ Petition is filed challenging the appointment of the Respondent No. 3 as Record Assistant in 1st respondent college on the ground that he procured the employment by producing forged Employment Exchange Registration Card and for a consequential direction to the Respondents to consider the petitioner's claim for the appointment of petitioner.

(2.) The facts leading to the case are that a newspaper notification was issued by the 1st respondent on 1-2-1995 calling for the applications for appointment to the post of Record Assistant which is an aided post. One of the conditions specified in the notification is that the candidates should have registered their names in the Employment Exchange. The petitioner's claim is that he is a registered candidate of Employment Exchange and he made an application along with others for the post of Record Assistant. The 3rd respondent was selected. It is the case of the petitioner that the 3rd respondent did not possess the necessary requisites for making an application for the post of Record Assistant. He was not a registered candidate at the relevant time and he produced a false and forged Employment Exchange Registration Certificate. Therefore, he submits that the 3rd respondent ought not to have been selected and appointed as the Record Assistant as he obtained the appointment by misrepresentation and playing fraud on the authorities.

(3.) In the counter filed on behalf of the 1st respondent, it is stated that the applications were received in pursuance of the notification issued by the management for appointment to the post of one S.G.B.T. teacher and one Record Assistant. Written test and oral interview was conducted for all the candidates and the 3rd respondent was selected for the post of Record Assistant. The 3rd respondent possessed the requisite qualifications and he also produced the registration Certificate No. L2/1991/06556, dated 19-7-1991. It is submitted that the Employment Registration Certificate expired in July, 1994, but it was renewed upto 22-7-1995. It is also submitted by the management that the admission was approved by the Regional Director, who is the competent authority in his proceedings dated 19-2-1996. It is further stated that by virtue of the recent Supreme Court Judgment, the registration is not necessary.