Court : Chennai Madurai
..... ) for ensuring that equality of opportunity in matters relating to employment becomes a reality for all, parliament enacted the employment exchanges (compulsory notification of vacancies) act, 1959 (for short `the 1959 act'). ..... above noted three judgments is that in terms of section 4 of the 1959 act, every public employer is duty bound to notify the vacancies to the concerned employment exchange so as to enable it to sponsor the names of eligible candidates and also advertise the same in the newspapers having wider circulation, employment news bulletins, get announcement made on radio and television and consider all eligible candidates whose names may be forwarded by the concerned employment exchange and/or who may apply pursuant to the advertisement published in the ..... section 4 of that act casts a duty on the employer in every establishment in public sector in the state or a part thereof to notify every vacancy to the employment exchange before filling up the same. ..... the high court of andhra pradesh had ruled that the provisions of 1959 act are not applicable to government establishment; that the act does not cast duty either on the public sector establishment or on the private sector establishment to make the appointments from among candidates sponsored by the employment exchanges only, and that instructions issued by the government of india that candidates sponsored by the employment exchanges alone should be appointed are contrary to articles 14 and 16. .....
Tag this Judgment!Court : Chennai Madurai
..... employment exchanges (compulsory notification of vacancies) act, 1959 was enacted to ensure equal opportunity for employment ..... act may not oblige an employer to employ only those persons who have been sponsored by employment exchanges, it places an obligation on the employer to notify the vacancies that may arise in the various departments and for filling up of those vacancies ..... rule 2 of rule 149, no appointment by direct recruitment to any post shall be made except by calling for a list of eligible candidates from the employment exchange and also giving due publicity by means of announcement in the notice board of the society and also of the affiliated societies, inviting application from the eligible ..... fakir chand and others [(2003) 8 scc 248], noticing that the respondents were not recruited through the employment exchange or through any other accepted mode of selection and further noticing that it was also not known whether there was any advertisement calling for applications for these appointments ..... (b) where the employment exchange issues a non-availability certificate or the government have accorded special sanction for recruitment by advertisement in dailies, the society shall invite applications from candidates including those working in other ..... where the employment exchange issues a non-availability certificate, the society shall invite applications by giving advertisement in more than one daily newspapers in which one should be in regional language having wide circulation .....
Tag this Judgment!Court : Chennai Madurai
..... juncture, it is relevant to refer to rule 3 of the employment exchanges [compulsory notification of vacancies] rules, 1960, which reads as follows:- "3. ..... employment exchanges to which vacancies are to be notified-(1) the following vacancies, namely;- (a) vacancies in posts of a technical and scientific nature carrying a basic pay of [rs.1,400] or more per month occurring in establishments in respect of which the central government is the appropriate government under the act, ..... powers conferred under tamil nadu arunthathiyars (special reservation of seats in educational institutions including private educational institutions and of appointments or posts in the services under the state within the reservation for the scheduled castes) act, 2009, statutory rules called as "tamil nadu arunthathiyars (special reservation of seats in educational institutions, including private educational institutions and of appointments or posts in the services under the state within the reservation ..... single judge was that subramaniya muthaliyar middle school was started in the year 1951, which is an aided middle school, governed by the provisions of the tamil nadu recognized private schools [regulation] act, 1973 and the rules framed thereunder. ..... rightly held by the writ courts, a special statute has been framed for reservation for arunthathiyars and under the said act, the government is to perform regulative function to frame statutory rules, in exercise of powers conferred under section 13 of the act. .....
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