SUBHASH CHAND SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ALL the above mentioned writ petitions are disposed of by this common order since the point involved in each of them is common.

(2.) THE grievance of the petitioners is against the order dated 1. 9. 1993 by which it was made compulsory to fill-up the vacancies of all government departments, semi-government institutions, public enterprises by calling the names from the Employment Exchange. THE posts which are to be filled up by the Employment Exchange were included in this order. Learned counsel for the petitioners have raised the following objections before me: (a) that the matter is covered by the decision of this court in the case of Dinesh Kumar Dadhich vs. State (1), which is passed on the decision of Jagdish vs. State (b) that the procedure for selection for direct recruitment have been provided under Part IV of the Rajasthan Educational Subordinate Service Rules, 1971 and, therefore, the respondents were not justified in calling the names from the Employment Exchange and giving names to those candidates whose names were sponsored by the Employment Exchange; and (c) that the respondents are only under the obligation to notify the vacancies through Employment Exchanges and are not under obligation to fill up the posts from the names sponsored by the Employment Exchanges and filling up the posts and making recruitment on the basis of such names which are sponsored by the Employment Excha- nge is contrary to the rules.

(3.) THE Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 was promulgated by the Parliament and under Sec. 4 of the said Act it was made incumbent upon the employer to notify the vacancies.