Madhya Pradesh High Court
The State Of Madhya Pradesh Thr vs Mahaveer Prasad Bansal on 27 June, 2017
Review Petition No.205/2017
27.06.2017
None appears for the petitioners when the matter is
called out - presumably in terms of the resolution of the
High Court Bar Association, Gwalior dated 27.06.2017 for
abstaining from Court work.
Shri Mahaveer Prasad Bansal - respondent No.1
appears in person.
The present petition is by the State to seek review of the order passed by this Court on 25.04.2016 as also on 14.07.2016 whereby the writ petition was allowed relying upon the order dated 20.08.2012 in W.P.No.7821 of 2012 - Nisha Tiwari vs. State of M.P. & Ors. By the said order, the writ petitioner was ordered to be reinstated.
The State has sought review of the order on the ground that the writ-petitioner was not eligible for appointment to the post of Patwari as he has obtained Computer Diploma - Certificate after the cut-off date i.e. 7.7.2008 which is the last date of submission of applications for the post.
We find that the order passed by the learned Single Bench is not sustainable in view of the order passed in W.P.No.7821/2012 as the candidate in the said case qualified PGDCA for the Session 2006-07 in February, 2008. In the present case, the mark-sheet was issued to the writ-petitioner on 14.07.2009 after the declaration of result after the cut-off date. Still the writ petitioner was never appointed, therefore, there is no question of reinstatement.
Since such fact was not noticed by the learned Single Bench, orders dated 25.04.2016 and 14.07.2016 are set Review Petition No.205/2017 aside and the matter is remitted back to the learned Single Bench to examine the said aspects and decide the writ petition in accordance with law.
Review petition stands disposed of.
(Hemant Gupta) (Sanjay Yadav)
Chief Justice Judge
shukla