Madhya Pradesh High Court
Garima Dukariya vs M.P. Public Service Commission on 13 March, 2018
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
W P No. 5734 / 2018
GARIMA DUKARIYA VS. PUBLIC SERVICE COMMISSION
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INDORE, Dated : 13/03/2018
Mr. Abhishek Tugnawat, learned counsel for the petitioner.
Mr. V P Khare, learned counsel for the respondent - M.P.
Public Service Commission.
At the outset, learned counsel for the petitioner has drawn attention of this Court towards the order dated 19/2/2018 passed in W.P.No. 19314/2017 (Mamta Bhayal Vs. State of MP & Anr.,) and his contention is that the order passed in the aforesaid case has concluded the controversy involved in the present case. The order dated 19/2/2018 passed by this Court reads as under :
W P No. 19314 / 2017 INDORE, Dated : 19/02/2018 Mr. Ashish Choubey, learned counsel for the petitioner. Mr. V. P. Khare, learned counsel for the respondent No. 2 - M. P. Public Service Commission.
The petitioner before this Court who holds a Post Graduate Degree from faculty of Life Science - M.Sc., in Genetic Engineering has filed the present writ petition for issuance of an appropriate writ, order or direction directing the respondent - P.S.C. to declare the petitioner's result in respect of State Eligibility Test 2017 (SET).
The contention of the petitioner is that she has obtained Master's of Science Degree from DAVV, Indore from the School of Bio-Technology Faculty of Life Science and with specialisation in Genetic Engineering. Contention of petitioner is that she has submitted an application for the State Eligibility Examination, 2017 and she has opted for life science. Contention of the petitioner is that as per the note appended to Schedule I. Life Sciences includes Genetic Engineering because of the guidelines issued by the University Grants Commission, however, the respondents have not declared the result of the petitioner.
Learned counsel for the respondent has argued before this Court that the petitioner as she has not obtained a Post Graduate Degree in Life Sciences, is not entitled for a Certificate from the M. P. Public Service Commission. A specific question was asked by this Court to the learned counsel for the respondent that what a candidate will do who has obtained Post Graduate Degree in Genetic Engineering as the M. P. Public Service Commission has not held any examination for Genetic Engineering.
Mr. V. P. Khare, learned counsel for the respondent - M. P. Public Service Commission has informed this Court that the examination was held for Life Science subject only and, therefore, the question of grant of certificate does not arise.
This Court has carefully gone through the Writ Petition as well as the reply filed by the respondents.
State Eligibility Examination is an eligibility examination and a certificate is necessary for those candidates who apply for the post of Asstt. Professor. The State Government cannot pick and choose subjects of their choice for holding State Eligibility Test. As State Eligibility Test has to be held in each and every subject enabling all candidates who have obtained Master's Degree in various subjects for the post of Asstt. Professor. HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE W P No. 5734 / 2018 GARIMA DUKARIYA VS. PUBLIC SERVICE COMMISSION
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This Court keeping in view the clarification issued by the University Grants Commission is of the opinion that the petitioner, as she has obtained Master Degree from faculty of Life Sciences, was rightly permitted to appear by the M. P. Public Service Commission in the subject of Life Science. The petitioner does have a Master of Science Degree awarded under the Faculty of Life Science and merely she has specialised in Genetic Engineering she cannot be declared ineligible.
Resultantly, the Writ Petition is allowed. The respondents are directed to issue a certificate to the petitioner positively within a period of three days from today.
The M. P. Public Service Commission shall issue a certificate within three days, as the petitioner has to apply for the post of Asstt. Professor and for the same the last date is 01/03/2018.
Mr. V P Khare, learned counsel for the respondent - M.P. Public Service Commission is directed to communicate the order to the M. P. Public Service Commission today itself enabling the M. P. Public Service Commission to issue eligibility certificate, as directed by this Court.
Certified copy today itself.
In the light of the aforesaid, as facts are identical, the present Writ Petition stands disposed of. The judgment delivered in W.P.No. 19314/2017 (Mamta Bhayal Vs. State of MP & Another) dated 19/2/2018 shall be applicable mutatis mutandis in the present case also.
With the aforesaid, the present Writ Petition stands disposed of. The last date for applying to the post of Assistant Professor, with correction is now 17/03/2018 and, therefore, the respondent - M. P. Public Service Commission is directed to issue an eligibility certificate, as directed by this Court, within a period of two days from today.
Certified copy, as per Rules.
(S. C. SHARMA) JUDGE KR Digitally signed by Kamal Rathor Date: 2018.03.14 13:25:15 +05'30'