MANOJ SINGH TOMAR Vs. STATE OF M P

JUDGEMENT

(1.) In this writ petition filed under Article 226 of the Constitution, petitioner has prayed for setting aside of Annexure P-1, whereby petitioner has not been given permission to participate in the selection in transport department on the post of Constable. A direction is prayed for to direct the respondents to assign said permission to enable the petitioner to participate in the selection and if selected, get appointment on the post of Constable in transport department.

(2.) Petitioner preferred the applicant/candidature through proper channel and preferred an application in this regard through respondent No. 5-S.P., Gwalior (Annexure P-5). Before participation in the selection or thereafter and before issuance of impugned order (Annexure P-1), petitioner was never informed about any action being taken on Annexure P-5. Petitioner made a request for issuance of no objection certificate from Police Department. The respondents after a considerable long time, issued the impugned order (Annexure P-1). In the said order, it is stated that pursuant to General Administration Department (GAD) circular dated 21-10-1980, petitioner's application is rejected because the said circular prohibits and does not give permission to submit candidature for the equivalent/same post. This order (Annexure P-1) is called in question in this petition.

(3.) Shri D.P. Singh, learned Counsel for the petitioner assailed this order on the following grounds: (1) The Constable of Police Department, who are similarly situated qua the present petitioner, submitted their candidature statewide. In other districts, the permission is accorded to the similarly situated persons. Reliance is placed on Annexure P-6 and other documents filed at Page Nos. 42, 43, 44, 45 and 46 with the w.p. A citizen has a right to decide about his occupation/employment. There is no reasonable cause shown to deny such permission. Petitioner is subjected to discrimination qua similarly situated persons of other districts, which hits Article 14 of the Constitution. The GAD's circular dated 21-10-1980 has no application in the present matter. Even otherwise, the said circular cannot come in the way of the petitioner to prefer candidature and secure employment of his choice.