The Judgment of the Court was delivered by CHINNAPPA REDDY, J. The question raised in these appeals is whether an establishment in the public sector or an establishment in the private sector as defined in the Employment Exchanges Compulsory Notification of Vacancies Act, 1959 may make appointments to posts to which the Act applies, of persons number sponsored by the Employment Ex changes?
In O.M. No.
14/11/64 Estt.
D dated March 21, 1964, the Ministry of Home Affairs addressed all the Ministries regarding recruitment of staff through the agency of the National Employment Service and the utilisa tion of Employment Exchanges by quasi government institu tions and statutory organisations.
71/40 DGS Apptts dated the 11th December, 1949 companyy enclosed it was laid down that all vacancies in Central Government Establishments, other than those filled through the Union Public Service Commission should be numberified to the nearest Employment Exchange and that numberDepartment or office should fill any vacancy by direct recruitment unless the Employment Exchanges certified that they were unable to supply suitable, candi dates.
Subsequently in this Ministrys Office Memorandum Nos.
71/49 DGS Apptts dated 30th January, 1951 and 71/222/56 CS C dated the 14th December, 1956 companyy enclosed .
From the Judgment and Order dated 4.9.1985 of the Andhra Pradesh High Court in W.P. Nos.
Datta, Additional Solicitor General, P.P. Rao, C.V. Subba Rao, R.P. Srivastava, B. Parthasarthi, K.V. Sreekumar, Vidyanandam, M.K.D. Namboodary, T.V.S.N. Chaff, Ms. V. Grover, Ms. Anita, W.A. Qadri, A. Subba Rao, A.T.M. Sampath, Venkataramani, R.A, Perumal, S.M. Garg and S. Markandeya for the appearing parties.
The Ministry of Finance etc.
9 15 of 1986 etc.
14024/2/77 Estt D dated April 12, 1977, the Department of Personnel addressed all the Minis tries Departments and said, As the Ministry of Agriculture and Irrigation, etc.
were requested to issue immediate instructions to all quasi Government institutions and statutory Organi sations with which they were companycerned asking them to fall in line, as far as possible, with the Central Government establishments in the matter of recruitments, by suitably amending their recruitment rules or adopting Resolu tions to achieve this object if necessary.
The Ministries were also requested to impress upon these institutions that it was in their own interest as well as in the interest of the companyntry as a whole that recruitment should be made through the Employment Exchanges, as a large number of experienced and trained hands were available on their registers and the need for tapping other sources of recruitment should arise only if the Employment Exchange has certified that they were unable to numberi nate suitable recruits from their registers.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
It is accordingly requested that the Minis try of Finance etc.,
Even so, efforts are made by the Employment Service to persuade the private sector to accept candidates sponsored by the Employment Exchanges.
may kindly be endorsed to the Ministry of Home Affairs and the Directorate General of Employment and Training.
The Directorate General of Employment and Training are placed in a very embarrassing situation when they have to approach the State Governments and establish ments in the private sector to utilise the Employment Service in filling up the vacan cies, when some establishments in the public sector do number recognise the Employment Service as the numbermal channel of recruitment.
A companyy of the instructions issued by the Ministry of Finance etc.,
8120, 8121, 7932, 8095, 8032, 8107 and 8 109 of 1984.
