Madhya Pradesh High Court
Namita Rathore vs General Administration Department on 7 June, 2018
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HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
WP No.12500/2018
(Namita Rathore Vs. General Administration Department)
INDORE, Dated : 07/06/2018
Shri Akash Sharma, learned counsel for the petitioner.
Shri V.P. Khare, learned counsel for the respondent/State.
Heard on application filed for urgent hearing during the summer vacation, 2018. Keeping in view averments made in the application both are allowed and case is taken up during vacation.
The present petitioner appeared in the preliminary examination of M.P. Public Service Commission held on 18/02/2018 conducted by MPPSC. The petitioner could not secure the requisite marks for appearance in main examination. The petitioner by way of this petition seeking permission to appear in the main examination and quashment of preliminary examination held on 18/02/2018 as well as the modal answer.
Learned counsel for the petitioner submits that this Court in identical writ petition has permitted the petitioners to fill the form of the main examination.
Shri Khare, learned counsel for the respondent submits that Principal Bench of this Court in various writ petitions as well as the Gwalior Bench of this Court has declined the similarly placed petitioner to appear in the main examination. As the last date of submission of form i.e. 31.05.2018 is already over and portal of M.P. has been closed.
Shri Khare has also placed reliance over the judgment passed by Full Bench of this court in the case of Nitin Pathak Vs. State of M.P & others (WA 581/2017) decided on 04.09.2017 as well as the judgment passed by the Apex Court in which it has been held that the examinations conducted by the agency cannot be interfered by
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HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE the Court in writ jurisdiction.
The Principal Bench of this Court in various writ petitions vide order dated 05/06/2018 has declined the interim relief, keeping in view the full Bench decision of this Court in Nitin Pathak (Supra) and the fact that the last date of submission of form is already over and portal is closed.
The Gwalior Bench of this Court in Writ Petition No.12321/2018 has kept the matter for argument on admission in the opening week after on going summer vacation and declined the interim relief. The main examination for entry into M.P. Civil Services conduct by MPPSC is to be held on 23/07/2018 and the portal has already been closed on 31/05/2018.
The writ petition is required to be heard on admission in light of the judgment passed by the full Bench of this Court in the case of Nitin Pathak (Supra), therefore, at this stage no case for interim relief is made out.
List this petition for argument on admission in the week commencing 25/06/2018.
(Vivek Rusia) V. Judge vibha Digitally signed by Vibha Pachori Date: 2018.06.11 15:43:30 +05'30'