JAI PRAKASH SHAH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner has filed the present review petition being aggrieved by order dated 4/7/2019 passed in Writ Petition No.12345/2015.

(2.) Writ Petition No.12345/2015 filed by the petitioner was dismissed by this court on the ground that successful candidates, namely, Vinod Kumar Sahu and Praveen Kumar are not impleaded as party in the case. Petitioner has filed his application for selection to the post of Pharmacist in OBC category. Praveen Kumar as well as Vinod Kumar Sahu both belong to OBC category. As per the select list Annexure P/6, Vinod Kumar Sahu and Praveen Kumar Namdeo were in merit list of OBC category. Since petitioner is also seeking appointment to the post of Pharmacist in OBC category, therefore, successful candidates ought to have been impleaded as party in the case. As necessary party was not impleaded in the writ petition, therefore, the same was dismissed vide order dated 4/7/2019.

(3.) Petitioner has filed the present review petition for review of order dated 4/7/2019 on the ground that Vinod Kumar Sahu and Praveen Kumar have applied for the post in general category. Respondent has not raised any oral objection regarding non-joinder of necessary party. Petitioner has not claimed any relief against Vinod Kumar Sahu and Praveen Kumar. Vinod Kumar Sahu and Praveen Kumar both belong to OBC but they obtained more marks from general candidate, therefore, they have been shifted in general category as per the rule, therefore, they will not be affected if petitioner succeeds in the writ petition.