LAWS(MPH)-2023-5-22

VIDYA BHUSHAN MISHRA Vs. STATE OF MADHYA PRADESH

Decided On May 09, 2023
Vidya Bhushan Mishra Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) These writ petitions are filed claiming directions to the respondents to correct the date of appointment of the petitioner as 03/03/2011 in impugned list Annexure-P/12 wherein name of the petitioner in W.P. No.26990/2021 is shown at serial No.175 and his initial date of appointment in service is shown as 23/7/2015 and the name of another petitioner-Rajbendra Mishra is mentioned at serial No.182.

(2.) It is submitted that in fact these petitioners were working under different departments of the State and they competed in the entrance examination which was conducted by M.P. Public Service Commission for recruitment to the post of Assistant Conservator of Forest and for the Forest Rangers. Petitioners cleared upto main examination but were not allowed to participate in the interview process on the ground that they were overage.

(3.) It is submitted that then one of the petitioners namely Vidya Bhushan Mishra filed W.P. No.1157/2011 which was allowed vide order dtd. 10/3/2015 whereby Coordinate Bench of this Court held that in terms of the provisions contained in Clause-7 of the advertisement which provided age relaxation upto the maximum age of 38 years even to the employees of local bodies and since Vidya Bhushan Mishra was working as a Samvida Shala Shikshak Grade-I, at Government Higher Secondary School, Teonthar, Distt. Rewa was held to be eligible for age relaxation and was permitted to participate in the interview process. He participated in the interview and was selected when result was declared by the M.P. Public Service Commission on 2/5/2015 as contained in Annexure-P/4. Thereafter they were given notional seniority and Vidya Bhushan Mishra was placed below serial No.5 at serial No.5A. Similarly Rajbendra Mishra was placed below serial No.12 at serial No.12A.