Madhya Pradesh High Court
Vinod Kumar Soni vs The State Of Madhya Pradesh on 19 January, 2017
1 WA No. 437/2016
19/01/2017
Ms. Meenu Sharma, learned counsel for the
appellants.
Shri Praveen Newaskar, learned Government
Advocate for the respondents/ State.
In this petition intra court appeal, the appellants inter-alia have assailed the order dated 19/10/2016 passed in WP No 8121/2016 whereby the petition in question has been dismissed.
Learned counsel for the appellants primarily contend that petition was initially filed against the condition incorporated in the advertisement (Annexure P-1) whereby the appellants who were working as Jan Shikshak have been denied consideration for public employment thereby violating their fundamental right under Article 16 of the Constitution of India. It is further submitted that the writ court has not dealt with this issue.
Bare perusal of relief clause indicates that advertisement (Annexure P-1) had been challenged in specific terms of clause 6 in relief clause 7. However, the foundational pleadings in that regard contained in ground clause 6C appear to be sketchy but the same have not been considered by the writ court either because the same had not been raised by learned counsel for the petitioner before the writ court or due to poorly drafted writ petition.
Reply of the State is also silent as to the said aspect of deprivation of the petitioner of his right to be 2 WA No. 437/2016 considered for public employment on account of restrictive clause contained in the impugned advertisement .
Thus, for the obvious reason the writ court did not dwell into the aspect. However, this court is duty bound to consider the same on the basis of whatever little pleadings are available on record, which is possible when State files return on the said aspect.
State is directed to file reply within six weeks. The petition is admitted for final hearing. List for final hearing in due course.
On completion of pleadings, the appellants are given liberty to make request for out of turn hearing.
(Sheel Nagu) (S.A Dharmadhikari)
Judge Judge
Prachi*