Justice S M Subramaniam, noting that it is the worst form of unconstitutionality for the state to deny equal opportunity in public employments to its own citizens, said: “Equal opportunity enunciated under the Constitution, under no circumstances, be diluted by the authorities of the state. It is mandatory on the part of the state to ensure that all the citizens are being treated equally and in the event of any favouritism, nepotism or backdoor appointments, the state itself is discriminating against its own citizens.”
The court made the observations while directing the Puducherry government to follow the recruitment rules and established procedures for recruitments through open competitive process or through employment exchange even in public sector undertakings.
The issue pertains to a plea moved by R Iyyasamy alleging that trickery is played for the purpose of engaging temporary employees by the authorities of the Union territory.
He alleged that most of the appointments are made through the backdoor and/or in violation of the rules. Political appointments are made, flouting the recruitment rules and more specifically, during elections, large scale illegal and irregular appointments are made, depriving equal opportunities to all citizens, he said.
When the plea came up for hearing, the government gave an undertaking that all government recruitments will be made adhering to the rules and procedures.
Justice Subramaniam said: “In the event of any violation hereinafter by the authorities, the same is to be viewed seriously… the authorities competent must be held accountable and answerable for all the consequences.”