EXCISE SUPERINTENDENT MALKAPATNAM KRISHNA DISTRICT A P Vs. K B N VISWESHWARA RAO
LAWS(SC)-1996-8-44
SUPREME COURT OF INDIA
Decided on August 22,1996

EXCISE SUPERINTENDENTMALKAPATNAM, KRISHNA DISTRICT,ANDHR Appellant
VERSUS
K.B.N. VISWESHWARA RAO Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) We have heard learned counsel on both sides.
(3.) These appeals by special leave arise from the order dated 21/4/1992 of the A. P. Administrative tribunal in OA No. 9501 of 1991 and batch. The admitted position is that the respondents were not sponsored through the employment exchange for selection to the 723 posts sought to be filled up from the candidates sponsored through the medium of employment exchange. The respondents independently applied for consideration of their claims but they were not considered. Consequently, they approached the tribunal and sought direction for their appointment. Interim directions were issued to consider their cases and to appoint them, if selected by the selecting authority. Though the tribunal held that sponsorship of the candidates through the medium of employment exchange was valid and not violative of Articles 14 and 16 of the Constitution, since many of thecandidates came to be selected in terms of the interim direction, orders were issued to appoint the selected candidates. There is a difference of opinion in this behalf. Whereas the majority of two members held that it is not violative of Articles 14 and 16 of the Constitution, the minority view was that it was violative. Thus, these appeals by special leave.;


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