Paridhi Arya
Published on: April 7, 2022 at 17:03 IST
In the Case, Liji AS Vs. State of Kerala & Ors. Kerala High Court made it clear that the Non-Residency at a particular place cannot be the reason to deny the Public Employment.
Juctice VG Arun pointed out that Discrimination of a person in appointment due to his place of Domicile is settled in Law.
The Court made Judgment “The Legal Position that there cannot be discrimination in Public Employment based on the place of Residence or Domicile of a candidate is no more Res Integra.
In this regard, theCourt referred to the decision of the Supreme Court in Kailash Chand Sharma Vs. State of Rajasthan, in which the Apex Court stated that “In the Absence of Parliamentary Law, even the prescription of requirement as to residence within the State is a taboo.”
The Case was filed by a Petitioner who applied for the post of Accountant cum Data Operator under Mahatma Gandhi National Rural Employment Guarantee Scheme where she holds the first rank after interview.
But her appointment was Rejected on the Basis that she was not a Domicile of Annamananda District so came to High Court asking to Quash such order.
Avocate Thulasi K. Raj who was representing the Petitioner made the contention that Rejection of appoint of Petitioner after securing merit due to the place of her Domicile is against the Article 16 of the Constitution.
Government Pleader V Venugopal also asserted that Rejection to the appointment of Petitioner is Illegal as she has applied under Mahatma Gandhi National Rural Employment Guarantee Scheme where place of Domicile is Irrelevant.
Advocate representing Panchayat in the Court counter that due to the Financial Constraint in COVID-19 no one is appointed for the post and so this Petition render no meaning.
The Court ordered the State Government to look weather the Panchayat Committee solely can take the decision of not appointing anyone for the post.
The Court by following the decision of Kailash Chandra Sharma Court finds it fit to Quash the decision of Non-Appointment of Petitioner on the basis of place of Residence.
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