USHA KUSHWAH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) With the consent of the parties, the matter is finally heard through Video Conferencing.

(2.) The present petition is being filed pointing out the illegalities committed by the respondents in selection of candidates for the post of Professor in Sociology. It is argued that on the earlier occasion, the writ petition was preferred by the petitioner which was registered as W.P.No.1641/2011 (Smt. Usha Kushwaha Vs. State of M.P. And another), wherein as a matter of interim relief, the petitioner was permitted to appear in interview for the recruitment of post of Professor in Sociology and vide order dated 09.09.2012, the respondents were directed to declare the result. The result of the petitioner was declared and as the petitioner has received 35 marks to final cut of marks 44. The petitioner was not found eligible for selection. The writ petition was finally heard and decided vide order dated 07.08.2013 and it was held that Ordinace 19 does not apply on the impugned selection since it is applicable to teachers in the Universities and the interview board can assess the capacity and capability of the candidates and award lumpsum marks and placing reliance upon certain Supreme Court's judgments, the petition was dismissed. A writ appeal was preferred by the petitioner which was registered as W.A.No.372/2013 and the Division Bench of this Court vide order dated 17.10.2013 dismissed the writ appeal holding that nearabout 14 persons have been appointed to the post of Professor and they have joined the services and they were not made a party to the proceedings. However, liberty was extended to the petitioner to file appropriate writ petition after adding affected persons as party to the proceedings. Thereafter, a review petition was preferred which was registered as Review Petition No.497/2013 which was dismissed vide order dated 29.11.2013.

(3.) Against the order passed in the writ petition as well as the review petition, the petitioner approached the Supreme Court by filing a Special Leave Petition (C) which was registered as 1986-1987/2014. The same was dismissed vide order dated 17.02.2015. A review petition was preferred before the Supreme Court being Review Petition (C) No.1236-1237 of 2015. The same was also dismiseed. Thereafter, the petitioner filed a Curative Petition (C) registered as 126-127/2016 which was dismissed vide order dated 16.03.2016. Thereafter, the present petition is being filed taking a plea that the liberty was granted by the Division Bench of this Court in Writ Appeal No.372/2013 to file a fresh writ petition impleading the affected persons as party to the proceedings.