JINENDRA KUMAR JAIN Vs. STATE OF MP

JUDGEMENT

(1.) :-As common questions are involved in all the three petitions and as challenge is made to a common order passed on 17.2.2009, by the Public Service Commission, Indore, all these petitions are being decided by this common order. For the sake of convenience, documents and other material available in Writ Petition No.3796/2009(S) is being referred to.

(2.) M.P. Public Service Commission Examination 2000-01 was notified vide advertisement issued on 9.12.1999. The Examination was to be conducted for filling up various posts in the State services. Initially, the examination was scheduled to commence on 30.4.2000. However, it seems that the original schedule was not adhered to and the Examination for the year 2000-01 was held in combination with the Public Service Commission Examination for the year 2003, which was notified by another advertisement on 9.10.2003. The main examination which was initially to be held in the year 2004, commenced and was held in May 2006, interviews were held between February to April 2009 and the main list of candidates, as per merit, was notified by the PSC on 11.6.2007. This list was valid for a period of one year i.e.. from 11.6.2007 to 10.6.2008 and alongwith the main list a Supplementary List also known as the 'Waiting List' was published on 11.6.2007. This Supplementary List had a validity period of 18 months i.e... from 11.6.2007 to 12.12.2008.

(3.) The publication of the list as indicated hereinabove and its validity are not in dispute. Candidates from the main list were allocated to the Excise Department and it is alleged by the petitioner that 11 posts fell vacant due to either non-joining of the selected candidates or resignation by some of the selected candidates, after joining. As these vacancies arose during the validity period of the Supplementary List i.e.. prior to 12.12.2008, respondent No.3, the Excise Commissioner, wrote letters to the Director General of Jails, Jail Headquarters, Bhopal and the Registrar Co-operative Societies, Bhopal to forward the bio-data of the petitioners, whose names are included in the Supplementary List, for appointment. Documents in this regard are filed as Annexures P/4 to P/7. In consequence thereof, the Jail Headquarters vide Annexure P/8 dated 22.9.2008 sought for willingness of petitioner No.1 Jinendra Kumar Jain, in W.P.No.3796/ 2009(S), and the said petitioner gave his willingness vide Annexure P/9-A. Similarly, willingness of petitioner No.4 Manmohan Sharma, in W.P.No.3797/ 2009(S), was also sought for vide Annexure P/10 and it is the case of each of the petitioners that in their cases also willingness were sought for. However, after such correspondence, it is stated that matter went before respondent No.2 for his concurrence to the proposal for appointment of candidates from the Supplementary List. Respondent No.2 gave his dissenting letter vide Annexure P/l dated 17.2.2009 and, therefore, petitioners are before this Court seeking quashment of Annexure P/l dated 17.2.2009 and a direction to fill up the vacant posts available during the validity period of the Supplementary List, from the candidates as per seniority and merit in the Supplementary List.