LAWS(MPH)-1993-6-12

USHA NARWARIYA Vs. STATE OF M P

Decided On June 22, 1993
USHA NARWARIYA Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) THIS common order answers the common reference made in M. P. No. 1278/92 (Dr. Usha Narwariya v. State of M. P.) and M. P. No. 1335/92 (Jairam Soni v. M. P. Public Service Commission ). A Division Bench consisting of S. K. Dubey and S. K. Chawla, JJ. formed an opinion that there was a cleavage of opinion in two Division Bench decisions of this Court, namely, M. P. No. 1060/ 91 (Man Mohan Singh v. State of M. P.) decided on February 7, 1992 at Gwalior and M. P. No. 166/91 (Betalsingh Mahore v. State of M. P.) decided on April 28, 1992 at Gwalior, (1992) 1 MPJR 437, and made a reference to the Hon'ble Chief Justice who has been pleased to constitute this Full Bench for resolving the conflict in the abovesaid two Division Bench decisions.

(2.) A reference in brief to the facts of the two cases is proposed to be made as it would enable acquiring firm grip over the controversy arising for decision.

(3.) IN M. P. No. 1278/92, in response to an advertisement issued by M. P. Public Service Commission (hereinafter 'the Commission', for short) the petitioner Dr. Usha Narwariya had applied for appointment by selection to the post of Assistant Professor in Zoology. She was given a roll number and allowed to appear in the written examination. However, she was excluded from the zone of consideration for her having passed M. Sc. in Bio-Science.