JOGENDRA SINGH THAKUR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) With the consent, finally heard.

(2.) This petition filed under Article 226 of the Constitution of India takeS exception to the order dtd. 28/11/2022 (Annexure P/2), whereby officiating charge of District Ayush Officer is withdrawn from the petitioner and given to respondent No.3.

(3.) The case of the petitioner is that he is holding the post of Ayush Medical Officer, whereas the respondent No.3 is a Homeopathic Medical Officer. As per the statutory recruitment rules namely M.P. Ayush Department (Gazetted) Services Recruitment Rules, 2013 (Recruitment Rules), the petitioner is holding the feeder post for promotion to the post of District Ayush Officer, whereas the post of respondent No.3 is not a feeder post for the promotional post of District Ayush Officer. Although, a person having degree in homeopathy is eligible for consideration as direct recruitee District Ayush Officer, respondent No.3 cannot claim eligibility for direct recruitment for twin reasons (i) he has crossed the maximum age of 40 years and (ii) he does not have degree in the subject of homeopathy. In view of Indore Bench order passed in W.P. No.14632/2020 (Vijay Kumar Sharma vs. State of M.P.) and other connected matters, the person not holding the post in feeder cadre cannot be appointed on officiating basis on the higher post.