(1.) This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-
(2.) It is submitted by the counsel for the petitioner that the respondents issued an advertisement for the post of Lab Technician. Total 279 posts were advertised for direct recruitment on regular basis and 68 posts were advertised for appointment on contractual basis and in all 347 posts of Lab Technician were advertised in the year 2020. The selection was to be made on the basis of marks obtained in the examination. The petitioner also applied for the post of Lab Technician. The petitioner was placed at serial No.1 in the list of contractual employees. It is submitted that as per the provisions of M.P. Kanisht Sewa (Sanyukt Aharta) Pariksha Niyam, 2013, (in short "Rules, 2013") a waiting list is required to be prepared and appointment was to be made from the persons in the waiting list, in case if the selected candidate does not join on the post. The petitioner moved an application under the Right to Information Act through his friend. It was informed in reply to the said RTI application that in Rewa Division out of 9 persons from contractual employees category, only 5 persons have been appointed and 4 employees have not joined, therefore, posts are vacant in Rewa Division. Even in Indore Division also 5 posts are vacant. The waiting list as required under Rule 13 of Rules, 2013 has not been prepared and, therefore, an application under the Right to Information Act was moved through his nephew, in which it was replied by the respondents that the process for finalization of waiting list is still in progress. Since no waiting list has been prepared so far in spite of repeated representations, accordingly, this petition has been filed. It is submitted that due to the mistake on the part of the employer, a prospective and potential candidate cannot be allowed to suffer.
(3.) Heard learned counsel for the petitioner.