Madhya Pradesh High Court
Ku. Deepika Tiwari vs Higher Education Department on 8 May, 2018
W.P. No.6627/2018 1
HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
W.P. No.6627/2018
Ku. Deepika Tiwari v/s State of M.P. & Another
Indore, dated 08.05.2018
Shri Shailendra Shrivastava, learned counsel for the
petitioner.
Shri Vibhor Khandelwal, learned Government
Advocate for respondent No.1.
Shri V.P. Khare, learned counsel for the respondent No.2.
Learned counsel for the parties at the outset have drawn the attention of this Court towards the order passed by this Court in the case of Mamta Bhayal v/s State of Madhya Pradesh & Another in W.P. No.19314/2017 dated 19.02.2018 and the same reveals that the controversy involved in the present petition has been concluded by virtue of the aforesaid order. The order dated 19.02.2018 reads as under:-
"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 W.P. No.6627/2018 2 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.
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."
In light of the aforesaid, the present petition also stands W.P. No.6627/2018 3 allowed. The order passed in W.P. No.19314/2017 dated 19.02.2018 shall be applicable mutatis mutandis in the present case also.
The Madhya Pradesh Public Service commission is directed to issue a certificate, as prayed by the petitioner, within three days, as the petitioner is required to submit the certificate up to 15.05.2018.
Shri V. P. Khare, learned counsel for respondent No.2 undertakes to communicate this order to the Madhya Pradesh Public Service Commission.
Certified copy as per rules.
(S.C. Sharma) Judge Ravi Digitally signed by Ravi Prakash Date: 2018.05.09 14:16:34 +05'30'