MP HC | No legal impediment found in issuing the appointment order in favor of petitioner; petition allowed

Madhya Pradesh High Court: Subodh Abhyankar, J. allowed writ petition filed under Article 226 of the Constitution of India against the order issued by M.P. Public Service Commission. 

The petitioner contended that her name was kept in the waiting list at Serial 1 but despite the availability of post, she was not appointed. She appeared in the State Civil Services Exam, 2015, thereafter was selected under the waitlisted handicapped category. It was further contended that private-respondent had not been appointed on account of criminal cases registered against him and he was declared disqualified, the criminal cases registered against him were already decided by the Court against him. Thus it was submitted that the petitioner’s name cannot be kept in the waiting list for an unlimited period. 

Learned counsel for the respondents had submitted that although the petitioner was selected and her name was kept in the waiting list at Serial 1, but as the private-respondent had filed the petition, no order could be passed in favour of the petitioner due to the pendency of the said petition. 

The Court found that insofar the petition filed by the private-respondent was concerned, the said petition had been dismissed by the Court under a separate order and thus in its considered opinion the Court held, that there was no legal impediment in issuing the appointment order in favour of the petitioner, which difficulty has been expressed by the respondents in their reply. Hence, there was a direction to issue an appointment letter in favour of the petitioner. [Pooja Dwivedi v. State of M.P., 2019 SCC OnLine MP 1154, decided on 20-06-2019]

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