Madhya Pradesh High Court
Principal Secretary State Of M.P. And 2 ... vs Rajesh Hariprasad Jonwal And 4 Ors. on 19 August, 2014
Writ Appeals No.323 & 681 of 2011
Writ Appeals No.243, 333, 360, 570, 713, 714, 715,
733 & 734 of 2012
Writ Appeals No.427, 441, 442, 444, 1177 & 1178 of
2013
Writ Appeals No.10, 11, 12 & 13 of 2014
19.08.2014
Ms. Mini Ravindran, learned Deputy Government
Advocate for the appellant / State.
Shri Anand Singh Bahrawat, Shri Sandeep Kochatta,
Shri M.S. Dwivedi, Shri Govindpal Singh Songara, Shri L.R.
Bhatnagar and Shri Tausif Warsi, learned counsel for the
respondent in their respective writ appeals.
This order will govern disposal of Writ Appeals No.323 & 681 of 2011; Writ Appeals No.243, 333, 360, 570, 713, 714, 715, 733 & 734 of 2012; Writ Appeals No.427, 441, 442, 444, 1177 & 1178 of 2013; and Writ Appeals No.10, 11, 12 & 13 of 2014.
For the sake of convenience, facts are taken from Writ Appeal No.243/2012.
In this case, there is a delay of 176 days in filing the appeal. On going through the reasons stated in the application, supported by the affidavit of the Officer-in- Charge of the case, we find that the delay in filing the appeal has been satisfactorily explained. Accordingly, the application (IA No.2472/2012) is allowed. The delay in filing the appeal is condoned.
Heard on the question of admission.
This intra court appeal arises out of the order dated 25.11.2011 passed by the learned Single Judge of this Court 2 in Writ Petition No.1189/2011.
Challenging the action of the present appellants in not considering her case for Patwari Training and appointment on the said post and rejecting her candidature, she filed the aforesaid writ petition. Learned Single Judge, after examining the contentions of the parties, passed the impugned order in the light of the order passed in the case of Vijay Saudal and others v. State of MP & others, Writ Petition No.1465/2010 (s) decided on 11.10.2010. The learned Single Judge while deciding the writ petition had granted the appellant / State a liberty to verify the certificates filed by the writ petitioner, in accordance with law and had also observed that the writ petitioner shall also be granted an opportunity of hearing in the matter before passing any final order.
The learned Deputy Government Advocate has argued that while disposing of the aforesaid writ petition and granting liberty, the learned Single Judge has not taken into consideration that the certificates were after the cut-off date and could not be made basis for claiming eligibility. She submits that the learned Single Judge ought to have considered this aspect of the matter and then should have passed the order.
On the other hand, learned counsel appearing for the respondent / writ petitioner supported the impugned order.
We have considered the submissions made by the 3 learned counsel for the parties and we are of the view that the learned Single Judge has already given liberty to the appellant / State to verify the certificates, in accordance with law and take decision after giving opportunity of hearing to the writ petitioner before passing any final order. In the circumstances, the appellant / State will certainly be entitled to verify the certificates, including the fact as to whether the same can be taken into consideration for eligibility, as per the requirement.
Thus, we find no infirmity in the view taken by the learned Single Judge. However, we make it clear that the State Authorities would be entitled to verify the certificate and if the same is in terms of the advertisement or according to any other relevant order / circular issued by the State Government, appropriate decision, in accordance with law, in that regard be taken. Needless to say that before taking any decision in the matter, as aforesaid, the writ petitioner shall be given opportunity of hearing as ordered by the Writ Court. The entire exercise be completed as expeditiously as possible but not later than four months from the date of receipt of copy of this order.
C. c. within three days.
(Shantanu Kemkar) (Mool Chand Garg)
Judge Judge
Pithawe RC