SHEKHAR SINGH CHAUHAN Vs. STATE OF MP

JUDGEMENT

(1.) By filing this petition under Article 226 of the Constitution, the petitioners have called in question the method of selection adopted by respondent No.3. The following relief is prayed for :-

(2.) Shri Anil Sharma, learned counsel for the petitioners submit that initial advertisement for recruitment for the post of Veterinary Assistant Surgeon was issued vide advertisement, Annexure P-1. However, subsequently this advertisement was amended by issuing a corrigendum on 31.12.2012. Learned counsel for the petitioners by drawing the attention of this Court submits that total number of the posts of Vaterinary Assistant Surgeon was declared as 525. Bifurcation of the vacancies in the said advertisement is as under:-

(3.) The first contention of learned counsel for the petitioners is that admittedly 75 vacancies in SC and 198 vacancies in ST are admittedly backlog vacancies. Even vacancies are clubbed together with the general category vacancies and thereafter total number of vacancies are determined as 525. By placing reliance on M.P.Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994 (hereinafter called as "Adhiniyam"), learned counsel submits that section 2(h) defines "Recruitment Year". By taking this Court to section 4(3)(b) and (c) Shri Anil Sharma submits that the unfilled backlog vacancies can very well be carried forward but it cannot be filled along with the vacancies of another recruitment year and for that a special drive should have been initiated by the State Government as per mandate of section 4(3)(b) proviso. In addition, it is argued that the respondents have erred in carrying forward and clubbing the vacancies with the vacancies of a different recruitment year and with the general category vacancies.