SANJEEV KUMAR BATHAM Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioners before this Court have filed this present petition being aggrieved by rejection of their candidatures for the post of Principal Class-I and Class-II.

(2.) THE contention of the petitioners are that they are holding the Bachelor of Engineering Degree in subject of Computer Science and they are serving the Government Industrial Training Institute, Gwalior, Morena and Khaniyadhana respectively. THE petitioners have further stated that the appointment to the post of Principal Class-I and Class-II are done in the State of Madhya Pradesh in respect of Industrial Training Institute as per the provisions of Recruitment Rules known as Madhya Pradesh Industrial Training (Gazetted) Services Recruitment Rules, 2008 and under the aforesaid Rules the essential qualification prescribed is a degree in Engineering from any recognized University and two years practical experience of working in any training institute; or reputed business concern. THE petitioners' contention is that they are holding a degree in Engineering from Rajiv Gandhi Proudyogiki Vishwavidyalaya, Bhopal, which is a recognized University and are also having two years' practical experience to their credit and therefore they are entitled for consideration for appointment to the post of Principal Class-I and Class-II. THE petitioners have also stated that an advertisement was issued by the Madhya Pradesh Public Service Commission on 16-2-2009 inviting applications for Principal Class-I and Class-II and the petitioners have submitted their applications in a prescribed formate. THE petitioners' grievance is that their applications have been turned down vide impugned order dated 6th October, 2009, Annexures P/9 and P/11 on the ground that they have not fulfilled the requisite essential qualification. THE petitioners' grievance is that they are fulfilling the requisite essential qualification and therefore by no stretch of imagination such an orders could have been passed by the respondent/Public Service Commission. THE petitioners have also stated that one Ku. Jyoti Paste also holds a Bachelor E(egree in Engineering in Computer Science, however, her candidature has not been rejected by the respondent/Public Service Commission.

(3.) IN the present case, the petitioner No. 1 and No. 2 have acquired the qualification of Bachelor in Engineering (Computer Science Engineering) from Rajiv Gandhi Proudyogiki Vishwavidyalaya, Bhopal and the petitioner No. 3 has acquired the qualification of Bachelor in Engineering (Computer Science Engineering) from Devi Ahilya Vishwavidyalaya, INdore. Thus, all the three petitioners have obtained a degree of Bachelor of Engineering (Computer Science Engineering) from a recognized University.