PIYUSH SHUKLA Vs. STATE OF M. P.

JUDGEMENT

(1.) In this writ petition under Article 226 of the Constitution of India the petitioner is aggrieved by the advertisement dated 05.12.2020 issued by the M.P. Public Service Commission, Indore, by which applications have been invited for conducting examination- M.P.PSC Medical Officer Examination, 2020. The petitioner had submitted an application online for participating in the aforesaid examination.

(2.) Necessary facts leading to filing of this petition are that the petitioner passed his M.Sc. (Molecular & Human Genetics) in the year 2013 securing first Division. His principal/main subjects in M.Sc. Degree Course were Tools, Techniques and Bio-Statistics, Bio-Informatics alongwith Zoology as subsidiary/optional subject. An advertisement was issued by respondent No.2 for conducting the examination- M.P.PSC Medical Officer Examination, 2020 on 05.12.2020 inviting the applications from the eligible candidates for appointment to the post of Medical Officer (Medical) and Medical Officer (Non-Medical). It was stated in the advertisement that the candidate must have qualification of MBBS Degree for the post of Medical Officer (Medical) and M.Sc. in Zoology, Botany, Chemistry, Anthropology or M.Sc. (Forensic Medicines).

(3.) The grievance of the petitioner is that the petitioner having studied Molecular and Human Genetics and the syllabus of such course is identical to the syllabus of Zoology, therefore, the petitioner is also entitled to participate in the recruitment process for Medical Officer (Medical) and Medical Officer (Non-Medical). In such circumstances, the respondents may be directed to consider the entitlement of the petitioner claiming equality with Zoology subject and further direct respondent No.2- M.P.PSC to publish the amended advertisement for including the allied subject in the category of Zoology. Because of this, the petitioner apprehends that at the time of interview, the candidature of the petitioner is likely to be rejected due to non-possessing the required qualification as per the advertisement. In similar situation, respondent No.2 had published an advertisement dated 12.12.2017 for appointment of Assistant Professor and M.P.PSC had amended the earlier advertisement and the amended advertisement was issued on 23.02.2018, in which allied subject of Zoology Genetic Engineering has been included in the Zoology subject. Even the Higher Education Department/Government of Chattisgarh vide order dated 13.02.2019 has considered the subject of Zoology as valid for appointment of Assistant Professor under the Higher Education. In such a situation, the petitioner is possessing better qualification in Molecular and Human Genetics, which comes under the Zoology subject, therefore, for want of specific qualification as per the advertisement, the petitioner would be deprived of his fundamental rights.