DINESH MALVI Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner has filed the present petition under Article 226 of the Constitution of India challenging the action of respondent No.1, by which appointment order has not been issued issued to him due to expiry of validity period of waiting list i.e. 28/11/2018 as respondent No.2 refused to extend the same.

(2.) The State Government through Madhya Pradesh Public Service Commission (MPPSC) issued an advertisement for recruitment to the post of Additional District Prosecution Officer (A.D.P.O.). The petitioner participated in the selection process, and thereafter, the selection list was issued on 17/5/2017. Name of the petitioner finds place at Serial No.57 of the waiting list. Since four posts were fallen vacant, therefore, the Government requested the MPPSC to send the names from the waiting list for filling the vacant posts. Vide letter dtd. 25/10/2018, the Deputy Examination Controller of MPPSC sent the names of eight candidates for their appointment on the post of A.D.P.O. and requested to complete the formalities within time and sent an information to the MPPSC.

(3.) Vide letter dtd. 30/10/2018, the Additional Secretary, Home Department requested the Health Department to medically examine these four selected candidates before expiry of the validity i.e. 28/11/2018. After due verification, report was sent by Divisional Medical Board to the Home Secretary vide letter dtd. 15/11/2018. Thereafter, the petitioner was waiting for issuance of appointment order. Vide communication dtd. 21/12/2018 (Annexure-P/5), the Additional Secretary, Home informed the MPPSC that validity period had been expired on 28/11/2018 and requested for extension of validity period of waiting list. Vide reply dtd. 28/1/2019, the MPPSC has shown inability to extend the validity period. Hence, the petitioner approached this Court by way of present petition seeking direction to issue appropriate order.