SANTOSH YADAV. Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition has been filed under Article 226 of the Constitution of India by the petitioner, a Sub Inspector of Police, against the show cause notice dated 11.9.2015 passed by the respondents whereby the petitioner has been directed to show cause as to why on the basis of revised merit list with regard of Subedar/Sub Inspector/Platoon Commander Selection, 2008 the petitioner be not allotted the post of Platoon Commander.

(2.) Brief facts of the case are that in July, 2011 an advertisement was issued by the VYAPAM inviting applications for the post of Subedar/Platoon Commander/ Sub Inspector. Pursuant to the aforesaid advertisement, written examination was also conducted on 25.9.2011 and the result was declared on 31.12.2011 by issuance of the select list wherein the petitioner was placed at Sl.No.3 in the waiting list whereas one Gajendra Singh was at Sl.No.1 and Jitendra at Sl.No.2. The case of the petitioner is that all the aforesaid three persons including the petitioner received 213 marks in the written examination, however, Gajendra Singh, who was at Sl.No.1 was selected as Naib Tahsildar through Public Service Commission and accordingly he did not join and otherwise also he had already refused his appointment.

(3.) According to the petitioner, on 3.2.2012, a selection list of 14 persons belonging to Scheduled Caste was published as 14 posts which were earlier reserved for the Ex-Servicemen and due to non-availability of Ex- Servicemen these posts were converted in SC/ST category as per Rule 11(8) of the Madhya Pradesh Police Executive (non-gazetted) Service Recruitment Rules 1997. The further case of the petitioner is that in the month of February 2012 two writ petitions viz. WP No.3134/2012 and WP No.3135/2012 were filed before the Indore Bench of this Court wherein the main challenge was to the list of 14 persons of SC/ST category issued on 3.2.2012. When these petitions were pending, the main selectees whose result was earlier declared on 30-31.12.2011, their basic training started from 31.5.2012 and subsequently, on 19.6.2012, the petitioner was offered the post of Platoon Commander, however, for claiming his appointment for the post of Sub Inspector, he filed WP No.4824/2012 at Gwalior Bench of this Court, which was finally decided on 14.2.2013 and while allowing the said writ petition, the following observations were made by the Gwalior Bench, which read as under:-