DIVYA GOYAL Vs. STATE OF M P

JUDGEMENT

(1.) THE question to be decided in this matter is whether petitioner can be treated as ineligible for the post of Registration Clerk when she possess the qualification as per the Statutory Recruitment Rules but does not possess the qualification as per the advertisement.

(2.) THE facts necessary for adjudication of this matter are that petitioner is MA in Hindi Literature and PGDCA from Makhanlal Chaturvedi University. The certificates are filed as Annexure P -1. The respondents issued advertisement (Annexure P -2) for the posts of Assistant Grade -III, L.D.C. and Registration Clerk. The petitioner submitted her candidature for the post of Registration Clerk pursuant to said advertisement. She appeared in the written examination. However, by Annexure P -8 dated 10.12.2012, she was informed that petitioner hast not produced the typing certificate and, therefore, she could not be treated as eligible. Assailing this order, Shri Pawan Dwivedi submits that the service conditions of the posts in question is governed by statutory recruitment rules made under proviso to Rule 309 of the Constitution. The rules are called as Madhya Pradesh Registration and Stamp Class -III (Ministerial) Service Recruitment Rules, 2007. By taking this Court to Schedule III, it is submitted that the petitioner do possess the essential qualification as per the rules and, therefore, she cannot be deprived from the fruits of her selection. It is submitted that the advertisement relates to three posts. The respondents should have prescribed the qualification post wise as per the rules separately. They have clumsily mixed all the qualifications and, therefore, this problem has arisen.

(3.) PER contra, Shri B.Raj Pandey, learned G.A. submits that petitioner is required to possess the qualification as per the advertisement Annexure P -2. In absence of possessing qualification or in absence of challenging the advertisement, petitioner has no case.