Madhya Pradesh High Court
Dr. Archana Devi Rajpoot W/O Dr. Sanjay ... vs The State Of Madhya Pradesh on 10 January, 2024
Author: Chief Justice
Bench: Ravi Malimath, Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 10 th OF JANUARY, 2024
WRIT PETITION No. 31259 of 2023
BETWEEN:-
DR. ARCHANA DEVI RAJPOOT W/O DR. SANJAY
RAJPOOT D/O OMPRAKASH RAJPOOT, AGED ABOUT 33
YEARS, OCCUPATION: MEDICAL OFFICER (CHARGE OF
BMP PALERA) DISTRICT TIKAMGARH, R/O RAJPOOT
COLONY HARPALPUR DISTRICT CHHATARPUR
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI SHASHANK UPADHYAY - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH ITS
PRINCIPAL SECRETARY PUBLIC HEALTH AND
FAMILY WELFARE DEPARTMENT MANTRALAYA
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
2. THE DIRECTOR, PUBLIC HEALTH AND FAMILY
WELFARE DEPARTMENT, MADHYA PRADESH
MANTRALAYA VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
3. CIVIL SURGEON / ASSISTANT HEAD
SUPERINTENDENT BHOPAL DISTRICT HOSPITAL
BHOPAL (MADHYA PRADESH)
4. CHIEF MEDICAL OFFICER AND HEALTH OFFICER
TIKAM GARH DISTRICT TIKAMGARH (MADHYA
PRADESH)
5. REGISTRAR CPS MUMBAI, DR BORBESMAL
PAREL MUMBAI MUMBAI (MAHARASHTRA)
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 1/18/2024
6:41:00 PM
2
.....RESPONDENTS
(SMT. JAHANVI PANDIT - ADDITIONAL ADVOCATE GENERAL FOR
RESPONDENT NOS.1 TO 4)
This petition coming on for admission this day, Hon'ble Shri Justice
Vishal Mishra passed the following:
ORDER
This petition is filed assailing the order dated 13.12.2023 (Annexure P/1) passed by the respondent No.2 whereby admission of the petitioner in CPS (PG) diploma course for the academic year 2023 - 24 has been cancelled.
2. It is the case of the petitioner that she being a laborious student has passed M.B.B.S course in the year 2020 and after completion of the degree of M.B.B.S course, she was selected to the post of Medical Officer Class-II on 23.08.2021.
Her name finds place at serial no.198 of the list. She was given the charge of regular Medical Officer at Primary Health Centre, Baranathar and Community Health Centre, Palera and she was posted as Block Medical Officer at Community Health Centre, Palera, Tikamgarh on 03.11.2022. She applied for two years CPS (PG) diploma course in the subject of Diploma in Gynecology Obstetrics(DGO). She qualified the examination and was selected for the academic year 2022 - 2024 on 28.02.2023. The petitioner has submitted all the relevant documents for verification. During the intervening period, on 28.08.2023 an FIR has been registered against the petitioner for the offence under Section 7 of the Prevention of Corruption Act, 1988 and Amended Act, 2018 at Crime No.80 of 2023 at police station Special Police Establishment, Lokayukt, Sagar. She was relieved on 04.04.2023 from the post of Block Medical Officer, Palera to join the study of CPS (PG) diploma course for the subject DGO at J.P. District Hospital, Bhopal as per allotment of the seat. But to the utter surprise of the petitioner, her admission to the diploma course has Signature Not Verified Signed by: SUSHEEL KUMAR JHARIYA Signing time: 1/18/2024 6:41:00 PM 3 been cancelled by the authorities by the impugned order on the ground that a criminal case has been registered against the petitioner for the offence under Section 7 of the Prevention of Corruption Act, 1988.
3. It is her case that the entire proceedings have been undertaken with a malafide intention. The petitioner has already been selected for PG diploma course prior to registration of the FIR. She was only required to give her joining. She was relieved from the post of Block Medical Officer, Palera on 04.04.2023 but prior to the aforesaid, an FIR was got registered against her. Therefore, the present petition has been filed seeking interference in the matter.
4. Heard counsel for the petitioner and perused the record.
5. The record indicates that an FIR at Crime No.80 of 2023 has been registered against the petitioner under the provisions of the Prevention of Corruption Act. The allegation against the petitioner is that while she was working as Incharge Block Medical Officer at Samudayik Swasthya Kendra, Palera, District Tikamgarh on 27.03.2023, she was trapped by the Lokayukt Police taking a bribe of Rs.25,000/-, on the basis of which, an FIR has been registered against her. The respondents/authorities came to know about registration of the FIR against the petitioner and have taken a decision to cancel the seat which has been allotted to her for pursuing the diploma course. The reason assigned is that a criminal case has been registered against the petitioner.
6. Law with respect to entitlement of an employer to give employment is settled by the Hon'ble Supreme Court in the case of Avtar Singh Vs. Union of India and others reported in (2016) 8 SCC 471, wherein, it has been held that it is a domain of the employer to consider antecedents of a candidate and decide whether to give appointment or not. Similar is the circumstance in the present case. The petitioner although was selected for the post of CPS (PG) Signature Not Verified Signed by: SUSHEEL KUMAR JHARIYA Signing time: 1/18/2024 6:41:00 PM 4 diploma course for the academic year 2022 - 2024, but the fact remains that a criminal case has been registered against the petitioner. The authorities have taken a decision not to permit the petitioner to pursue the diploma course and the seat allotted to the petitioner has been cancelled.
7. It is argued that the criminal case is at the stage of investigation, no charge- sheet has been filed and no coercive steps have been taken by the authorities to arrest the petitioner. Under these circumstances, merely on registration of an FIR, the cancellation of the seat allotted to the petitioner is per se illegal. However, the fact remains that a criminal case under the Prevention of Corruption Act has been registered against the petitioner. The aforesaid was taken note of by the authorities. She was caught red handed taking bribe of Rs.25,000/- by the Lokayukt police. Under these circumstances, cancellation of allotment of seat to the petitioner is just and proper and was within the domain of the respondents/authorities. Therefore, no interference is called for.
8. The writ petition sans merit and is accordingly dismissed. No order as to costs.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
sj
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 1/18/2024
6:41:00 PM