THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 19113 of 2010 O R D E R: The petitioners herein seek consideration of their candidature for employment with the respondent Acharya N.G. Ranga Agricultural University in its Offices/establishments in the State. It is not in dispute that the respondent University has been established pursuant to a local legislation and hence, it answers the description of the State for the purpose of Article 12 of the Constitution of India. Therefore, the employment in such an organization partakes with it the characteristics of public employment. In accordance with Articles 14 and 16 of our Constitution, every eligible candidate has got a right to compete against the public employment. The Parliament enacted the Employment Exchanges (Compulsory Notification Of Vacancies) Act, 1959 to give statutory effect to the recommendations made by The Training and Employment Services Organization Committee, to the following effect: (a) that employers should be required on a compulsory basis to the Employment Exchanges all vacancies other than vacancies in unskilled categories, vacancies of temporary duration and vacancies proposed to be filled through promotion; (b) that employers should also be required on a compulsory basis to render to the employment exchanges staff strength returns at regular intervals. As per sub-section (1) of Section 4 of the Act, the employer in every establishment in public sector before filling up any vacancy in employment of that establishment shall notify the vacancy to the prescribed Employment Exchange. Failure to do so would attract the penalties specified in Section 7 of the said Act. While the provisions of the Employment Exchanges Act, 1959 requires the vacancies in public employment to be compulsorily notified to the Employment Exchange concerned, but the choice of consideration of candidature by the employer shall not be confined only to those who have been sponsored by the Employment Exchange. The main thrust supplied by the enactment was to ensure that the Employment Exchanges established are compulsorily notified. That would provide an opportunity for them to sponsor the names of the candidates, who have already been enrolled with them. Therefore, every employer is required to consider all such candidates, who are sponsored by the Employment Exchange concerned. But at the same time, the fundamental rights guaranteed to the citizens who possess the necessary eligibility criteria cannot be curtailed for competing against public employment. Therefore, the respondent University has to necessarily advertise the vacancy. It shall not conceal or confine or withhold the vacancy position from public knowledge. The nexus between the percolation of information relating to public employment to only few resourceful individuals and their eventual selection will erode the confidence of general public in the transparent and fair procedure which is liable to be adopted in the matter of selection of candidates. Therefore, it is essential that every vacancy relating to public employment shall be notified not only on the notice board of the institution concerned but it must also be advertised over public media, such as All India Radio and Door Darshan and also preferably through locally circulated newspapers. The essential aim should be to ensure that wider publicity is given to catch the attention of the prospective employment seekers. All such candidates, who possess the necessary eligibility criteria shall be subjected to the selection process and the same cannot be confined either to those who have been sponsored by the Employment Exchange or those who have the financial capacity to approach this Court. Therefore, the 2nd respondent is directed to forthwith take all such necessary steps to advertise the vacancies that are now sought to be filled in as well as those which are likely to arise in future on the All India Radio and Door Darshan as well as by publishing the same on the notice board of the office/establishment concerned and also through the local media. The 2nd respondent authorities should devise appropriate fair and equitable eligibility criteria with regard to the age and educational qualifications, which will ensure a fair competition for the in-service candidates, if any, who have been working against these very vacancies in the past. With this, the Writ Petition stands disposed of. No costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 4th August 2010 Note: Issue CC tomorrow. ksld