Back door appointments should not be regularised in State, says HC

CHENNAI: Observing that all appointments in the State government are to be made strictly in accordance with the recruitment rules in force, the Madras High Court held that the back door appointments, under no circumstances, be regularized in the State.

Justice S M Subramaniam passed the direction on rejecting a petition filed by S Govindarasu, S Dhivya, D Srinivasan, and Prabakaran – all are vocational trainers in a government school appointed by the Parent Teachers Association (PTA) on a temporary basis.

The petitioners prayed for a direction to the school education department to regularise their services with a regular time scale of pay in the post of vocational instructor based on the length of service rendered by them. They claimed that it was done in all similarly placed persons as per a GO of the school education department dated 09.02.2007.

However, the judge rejected their contention citing the order of the Supreme Court that no one could not be appointed into regular government service without following the proper recruitment framework.

“Regularisation or permanent absorption cannot be granted in violation of the recruitment rules in force. Equal opportunity in public employment is the constitutional mandate. Lakhs and Lakhs youth of our great Nation are longing to secure public employment through an open competitive process and they are working hard for the purpose of succeeding in the competitive process. While so, back door appointments or illegal or irregular appointments, if regularised, undoubtedly, the fundamental rights of those candidates, who all are aspiring to secure public employment through an open competitive process are infringed, ” the judge held.

Justice Subramaniam further noted that the persons who were appointed through the back door must be allowed to go out from the door through which they have entered into public service.