THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No. 11713 of 2007 Dated: 07.06.2007 Between: L. Shankar Rao and another. ..... PETITIONERS AND Bank of India, rep. by its Zonal Manager, Zonal Manager’s Office, Visakhapatnam and others. .....RESPONDENTS THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No. 11713 of 2007 Order: The present writ petition is filed seeking a Mandamus declaring the action of the respondents in not allowing the petitioners to attend the interview for the post of Sub-Staff (Class-IV) and filling up the posts through employment exchange only, as illegal and arbitrary, and consequently to direct the respondents to issue call letters to the petitioners and allow them to appear for the interview for the post of Sub- Staff (Class-IV), without insisting that their names should be sponsored by the Employment Exchange. When the matter is taken up for admission, it is submitted by the learned counsel for the petitioners that the subject matter of this writ petition is squarely covered by a judgment of the apex Court in Excise Supdt. Malkapatnam V., K.B.N. Visweshwara Rao1. In the said case, the apex Court, having considered similar issue, held that restricting the selection only to the candidates sponsored by employment exchange is not proper. The operative portion of the said judgment reads thus: “Having regard to the respective contentions, we are of the view that contention of the respondents is more acceptable which would be consistent with the principles of fair play, justice and equal opportunity. It is common knowledge that many a candidate is unable to have the names sponsored, though their names are either registered or are waiting to be registered in the employment exchange, with the result that the choice of selection is restricted to only such of the candidates whose names come to be sponsored by the employment exchange. Under these circumstances, many a deserving candidate is deprived of the right to be considered for appointment to a post under the State. Better view appears to be that it should be mandatory for the requisitioning authority/establishment to intimate the employment exchange and employment exchange should sponsor the names of the candidates to the requisitioning departments for selection strictly according to seniority and reservation, as per requisition. In addition, the appropriate department or undertaking or establishment should call for the names by publication in the newspapers having wider circulation and also display on their office notice boards or announce on radio, television and employment news bulletins; and then consider the cases of all the candidates who have applied. If this procedure is adopted, fair play would be subserved. The equality of opportunity in the matter of employment would be available to all eligible candidates.” Inasmuch as it is the case of the petitioners that they have not been called for interview because their names are not sponsored by the employment exchange, and having regard to the fact that restricting the selection only to the candidates, whose names have been sponsored by the employment exchange is bad, I deem it appropriate to dispose of the writ petition with the following directions: The respondents are directed to consider the cases of the petitioners also for appointment to the post of Sub-Staff (Class-IV), along with the candidates sponsored by the employment exchange. Accordingly, the writ petition is disposed of. No costs. ___________________ N.V. RAMANA, J. Date: 07.06.2007 Note: Issue CC today (B/O) Nsr 1 (1996) 6 Supreme Court Cases 216