LI Network
Published on: November 19, 2023 at 12:08 IST
In a recent ruling, the Madhya Pradesh High Court, Jabalpur Bench, has emphasized that live registration with the employment exchange is not a mandatory requirement for public employment, even if specified in the job advertisement.
The case involved a petitioner who had applied for the position of Jail Prahari but was rejected due to the lack of registration with the employment exchange.
The court, presided over by Justice Gurpal Singh Ahluwalia, allowed the petitioner’s writ petition, stating that the requirement of live registration is not only unnecessary and irrelevant but also unlawful, even if explicitly mentioned in the advertisement.
Justice Ahluwalia stated, “Thus, it is clear that the requirement of live registration with the employment exchange is not necessary, and even if such a condition is mentioned in the advertisement, still it is not only unnecessary and irrelevant but also unlawful… Under these circumstances, non-consideration of the claim of the petitioners for their recruitment to the post of Jail Prahari merely on the ground that they were not having a live registration certificate with the employment exchange is contrary to law.”
The petitioner, seeking the position of Jail Prahari, argued that their candidacy was rejected solely because they lacked a live employment exchange registration card.
The respondent countered, asserting that the petitioner was deemed unqualified due to the absence of live registration with the State Employment Exchange.
The court cited the case of Ram Singh Dhurvey v The State of M.P. & others (WP No. 14004/2021), reaffirming that the mandate of ‘live registration with the employment exchange’ is not necessary. The court, in the Ram Singh case, deemed the requirement of live registration unlawful and irrelevant.
Consequently, the court granted relief to the petitioner in the case titled “Sushil Kumar Sharma v State Of Madhya Pradesh.”
