LAXMAN SINGH BAGHEL Vs. STATE OF M. P.

JUDGEMENT

(1.) Present intra-court appeal, filed u/S.2(1) of Madhya Pradesh Uccha Nayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, assails the final order dated 19.07.2019 passed in Writ Petition No.8343/2016 by the learned Single Judge while exercising writ jurisdiction u/Art.226 of the Constitution dismissing the petition in question by which challenge was made to Annexure P-1 and P-2 dated 16.09.2016 and 05.11.2012 informing petitioner/appellant that he is disqualified to be appointed as Assistant Seed Certification Officer owing to third child having been born to appellant/petitioner after 26.01.2001. The other letter under challenge was a show-cause notice as to why FIR be not lodged against the petitioner/appellant for taking shifting stands on affidavit in regard to the date of birth of the third child.

(2.) Learned Single Judge has dismissed the petition in question on the ground that petitioner/appellant was disqualified u/R.6(6) of the Madhya Pradesh Civil Services [General Conditions of Services] Rules 1961 (for brevity "1961 Rules") and has misled the employer by giving two different dates of birth of third child. As such it is held by the learned Single Judge that the petitioner/appellant is ineligible for government service.

(3.) Though the controversy lies in a narrow compass but enumeration of the skeletal facts attending the case is necessary: <FRM>JUDGEMENT_22_LAWS(MPH)6_2021_1.html</FRM>