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‘Priority certificate alone does not guarantee right for job preference’

On Monday, the Madras High Court held that having a priority certificate alone would not guarantee a constitutional right for preference in government jobs.

Published: 07th January 2020 05:38 AM  |   Last Updated: 07th January 2020 05:38 AM   |  A+A-

Madras High Court

Madras High Court (File Photo | EPS)

By Express News Service

CHENNAI: The government issues priority certificates to candidates seeking jobs under certain quotas -- such as those whose lands have been acquired for government projects, destitute women, and ex-servicemen among others. However, often, it’s not easy securing a job despite having such a certificate.

On Monday, the Madras High Court held that having a priority certificate alone would not guarantee a constitutional right for preference in government jobs. “It is always open to the authority concerned to decide on the reservations (horizontal reservation) that are given to them depending upon the nature of post,” justice N Anand Venkatesh observed.

He was dismissing a write petition filed by R Abdulkadar, whose land was acquired for a government project with the promise of giving him a government job, through a priority certificate. He had appealed to the court to pass a direction to the Teachers Recruitment Board, to consider him for a teacher’s post.      

The judge noted that by GO dated December 18, 1978, the government had added one more reservation for the members of the families, whose lands were acquired by government. “The government thought it fit to create such a reservation only to ensure that the persons, whose lands had been acquired and who lost their livelihood by virtue of such acquisition, must be given some preference.”

“This cannot be mechanically applied in all cases, since, the persons whose lands are acquired are paid compensation by the government. Therefore, if the lands of a wealthy person is acquired, that does not mean that a member in that family, shall be given priority in public employment. This defeats the very concept of reservation in public employment,” the judge said. while adding that horizontal reservation was causing “a lot of confusion and chaos in public employment.”



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