MEHBOOB RAHMAN Vs. STATE OF MIZORAM AND ORS.

JUDGEMENT

(1.) THE Petitioner is a Graduate in Engineering and the Respondent No. 4 registered the name of the Petitioner Mehboob Rahman in the District Employment Exchange, Aizawl on 7th March/88 and issued registration card bearing No. 15/88, By letter dated 10th July, 1989 issued by the Under Secretary, Government of Mizoram, Labour and Employment Department, Vide Annexure -IV to the petition the Petitioner was informed that his registration in the District Employment Exchange, Aizawl, was cancelled vide No. A. 12021/7/86/EO(A)/3925 dated 19th May, 1988 by the Employment Officer, Aizawl, and as such his name could not be sponsored for any vacant post. The Petitioner was appointed on contract basis in the post of Assistant Engineer and the contract is going to expire On 24.7.91. A representation was made to his Excellency the Governor of Mizoram and the reply was sent by the Joint Secretary to the Government of Mizoram, Public Health Engineering Department, informing the father of the Petitioner that "unless the candidature of your son Shri Mehboob Rahman is sponsored by the local Employment Exchange, it is difficult to consider his case for regular appointment to the post of Assistant Engineer" vide Annexure -X to the writ petition.

(2.) MR . M.M. Ali, learned Counsel for the Petitioner submits that the cancellation of the registration in the Employment Exchange is bad in law inasmuch as no opportunity for showing cause was given to the Petitioner and that apart in view of the Employment Service Manual the Petitioner is entitled to get himself registered as he possesses a residential certificate issued by the Deputy Commissioner, Aizawl on 10th April, 1989, vide Annexure IX -A.

(3.) WE quote below Section 4 of the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959, hereinafter referred to as the Act: