-HITLIST-Soudagar I.S. v. State of Karnataka (SC) -RECORD-BS227170 -CITATION-2009(16) S.C.C. 378(St.Ishwinder) (HN Shailly/Ratan) zzzz4 -COURT-<ß>SUPREME COURT OF INDIA<þ> -JUDGE-Before:- B.N. Kirpal, Arijit Pasayat and D.M. Dharmadhikari, JJ.<þ> -NO- Civil Appeal No. 2687 of 2002. D/d. -DECISIONDATE-12.04.2002.<þ> -EXTRATEXT- -PETITIONER- Soudagar I.S. - Appellant<þ> Versus<þ> -RESPONDENT- State of Karnataka & Ors. - Respondents<þ> -ADVOCATE- For the Appellant :- Rajesh Mahale, Advocate.<þ> For the Respondent :- N. Ganpathy, Advocate.<þ> -HEADNOTE-<ß>Recruitment - Registration with two employment exchange - Effect - Rule providing that a person cannot get himself registered in Employment Exchanges in two different districts - Where appellant got himself registered in District Employment Exchange, Bijapur - His application was sponsored by Employment Exchange, Bijapur for post of teacher - Application rejected only on the ground that appellant got himself registered in second Employment Exchange at Belgaum - Rejection not proper - Held, second Registration in Belgaum should be treated as void.<þ> [Paras 6 and 7]<þ> -ORDER- ORDER<þ> <ß>B.N. Kirpal, J. - Special leave granted.<þ> 2. In the instant case, the appellant had got himself registered with the District Employment Exchange, Bijapur. He then applied and his application was sponsored for a vacancy which arose in the Education Department. After the application had been made, it seems that the appellant got himself registered with the Employment Exchange in Belgaum District as well.<þ> 3. The application of the appellant which was sponsored by the District Employment Exchange, Bijapur in the year 1995 was not accepted because by the time it came up for consideration the respondents got to know that the appellant had also got himself registered with the Employment Exchange at Belgaum. The rule of the Government is that a person cannot get himself registered in the Employment Exchanges in two different districts.<þ> 4. The non-selection of the appellant as a Primary School Teacher was challenged but the High Court came to the conclusion that inasmuch as the appellant had got himself registered with Belgaum Employment Exchange, he is not entitled to be appointed in Bijapur.<þ> 5. During the pendency of this appeal, an affidavit has been filed to the effect that one vacancy has been reserved for the appellant if he succeeds in this appeal.<þ> 6. From the facts stated hereinabove, it is clear that the appellant was qualified and eligible for the post of Primary School Teacher and that his candidature was rejected only on the ground that he had got himself registered in the second Employment Exchange. It appears to us, however, that his registration in Belgaum cannot stand in the way of his appointment for the simple reason that the registration in Belgaum may be regarded as void. The appellant's application was not sponsored by the Employment Exchange at Belgaum and the same was sponsored by the Employment Exchange, Bijapur where the appellant was first registered. Furthermore, on the date when the application was made by the appellant for the post of Primary School Teacher, he was registered only with the Employment Exchange, Bijapur, the registration with Belgaum Employment Exchange taking place subsequently.<þ> 7. Under these circumstances, the second registration could and should have been ignored. The appellant was, therefore, wrongly excluded from being appointed as Primary School Teacher on his application having been sponsored. As this is the only ground for rejection of his candidature and as one post is available and has been kept vacant for him, this appeal is allowed, the judgment of the High Court and that of the Karnataka State Administrative Tribunal are set aside. The appellant will be appointed as a Primary School Teacher within six weeks from today.<þ> The appointment will take effect from the date of the order of appointment.<þ> -RESULT- Appeal allowed.<þ>

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