ASHOK GURJAR Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) HEARD .

(2.) THE petitioners have assailed the orders whereby their appointment orders were cancelled. Shri Chetan Kanungo fairly submits that the petitioners have passed the relevant examination after the cut off date, i.e.,7.7.2008. He submits that before the cut off date aforesaid, the petitioners appeared in the examination but result was declared after the cut off date and, therefore, their appointments were in accordance with law. In addition, it is submitted that the petitioners had not suppressed any material fact. The respondents appointed them with open eyes. They are bound by the promissory and equitable estoppel and couldn't have terminated the services after considerable long period. Reliance is placed on : 1998(2) M.P.L.J. 96 (Rakesh Kumar Ram Kishan Pradhan Vs. State of M.P. and others). He further submits that the Advocate General gave an opinion that the candidature of such persons can be accepted and they can be treated as eligible. Attention is drawn on Clause 6(3) of his opinion (page 85). Lastly, he placed reliance on Annexure P -5. Shri Kanungo submits that the question of promissory estoppel was left open by Supreme Court in : (2003) 1 SCC 152 (Central Airmen Selection Board and another Vs. Surender Kumar Das). It is also submitted that similarly situated persons are still working in other districts and therefore petitioners are entitled for parity. No other point is pressed by learned counsel.

(3.) THE question of cut off date is dealt by the Division Bench of this Court in W.P.No.2871/2010 (s) (Ajay Pratap Singh Parihar and others Vs. State of M.P. & Others). The Division Bench opined that the subsequent circular dated 27.7.2009 and 26.8.2009 do not extend the cut off date for acquiring the eligibility or educational qualification (emphasis supplied). In terms of the opinion of Division Bench, the said W.P. was decided on 8.4.2011. The single bench followed the opinion of The Division Bench and opined that the cut off date is 7.7.2008.