LAWS(MPH)-1990-5-3

OMPRAKASH GUPTA Vs. STATE OF MADHYA PRADESH

Decided On May 02, 1990
OMPRAKASH GUPTA Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) TWO petitions were heard analogously for two reasons : one, our competence to hear both petitions at Gwalior Bench was challenged; two, both petitioners have challenged (on different grounds though) the same action of Public Service Comission refusing to call them for interview for the post of Civil Judge. This order shall accordingly govern disposal of both matters, namely, Misc. Petition No. 1185 of 1989 and Misc. Petition No. 1464 of 1989 (Omprakash Gupta v. State of Madhya Pradesh and Ors. ).

(2.) WE set out below the order dated 22-4-1981, passed by the Hon'ble the Chief Justice as that is the source of challenge to our competence to hear the petitions :

(3.) ALTHOUGH strong reliance was placed on two Full Bench decisions of this Court, for reasons to follow, we regard that exercise to be misconceived. The decisions cited are : Abdul Taiyab Bhai and Five others v. Union of India and Five others, 1976 MPLJ 767 (FB) = 1976 JLJ 706; Balkrishan Das v. Harnarain. 1979 MPLJ 644 = 1979 JLJ 745.