RESIDENCE IS NOT A MUST FOR JOB: HIGH COURT

The Hyderabad High Court, while finding fault with allotment of staff on the basis of residence/nativity, observed that there was no law prescribing any requirement of residence within the states of Telangana State or Andhra Pradesh for final allocation to that state.

In the case of Dr T. Bhavana, civil assistant surgeon working in Warangal district, the court pointed out that “we have not been shown any law made by Parliament under Article 16(3) prescribing any requirement of residence within TS or AP for final allocation to that state. Apart from the Presidential Order, no law which defines who a “local candidate” is, has been brought to our notice. With respect to posts which are not governed by the Presidential Order, the requirement of residence within a particular state is, prima facie, in violation of Article 16(2) of the Constitution.”

P.V. Krishnaiah, the counsel for Dr Bhavana, said the High Court also made it clear that the post of Associate Professor is, admittedly, a state-wide post to which the AP Public Employment (Organisation of Local Cadres and Regulation of Direct Recruitment) Order, 1975 (the “Presidential Order”) does not apply.

He said despite the categorical findings of the High Court, both state governments have not taken any steps to resolve the issue though a lot of public money is being spent on salaries without obtaining services from the employees.