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Madhya Pradesh High Court

Prantiya Shaskiya Mahavidylayaeen ... vs The State Of Madhya Pradesh on 12 November, 2010

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                            R.P.No. 267 of 2010




12.11.2010


       Smt. Shobha Menon, learned Senior Advocate with Shri
Rahul Choubey, counsel for the applicants.
       Shri Vivek Agrawal, G.A. for respondents No. 1 to 3.

Shri K.S. Wadhwa, Counsel for respondent No.4. They are heard.

This is an application filed on behalf of applicants seeking correction in the order dated 11.3.2010 in W.P.1709/2009(s). The applicants are seeking correction in paragraph 5 of the order in 4th line where the sentence starts from ' if they are promoted in the same year' , it should be read in place of same year as the same selection. Further in the 8th line where words are appearing 'Principal of Degree college', it should be substituted by the word Assistant Professors/Professors. Thereafter in 9th line, in place of word 'Principal of Degree College', it should be read as Assistant Professors/Professors. In the next sentence wherein words are mentioned in the 'in the same year', it should be substituted by words in the same selection. We have heard learned counsels of parties and found that the prayer made by the petitioner deserves to be allowed. Accordingly we allow the same. Now paragraph 5 shall be read as under :-

"5. In this reference, we may herein refer Rule 12 of the M.P. General Conditions of Service Rules,1961 which is very specific to the extent that directly recruited person in seniority would be above the promoted persons, if they are promoted in the same selection. On that basis we only clarify earlier judgment to the extent that if in the same year posts are

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12.11.2010 filled either by way of promotion or by way of direct recruitment to the post of Assistant Professors/Professors then the seniority of such promoted Assistant Professors/Professors shall be below the persons directly recruited in the same selection and accordingly the seniority list shall be recaste by the respondents in terms of the directions passed in Nisha Tiwari's case(supra)." This order be read conjointly with the earlier order dated 11.3.2010 in W.P. No1704/2009(s).

This review petition be finally disposed of.

 (Krishn Kumar Lahoti)                            (R.K. Gupta)
       JUDGE                                          JUDGE
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