AYESHA ALI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This writ petition is filed being aggrieved of order dtd. 5/10/2023 (Annexure P-15) issued by the Dy. Secretary to the State Government giving charge of the post of Registrar, State Homeopathy Council in favour of the private respondent Dr. Anita Gupta.

(2.) Petitioner's contention is that vide Annexure P-6, an advertisement was issued by the Commissioner, Aayush on 23/8/2023, thereafter, applications were invited, these applications were scrutinized and as per the requirement of qualifications prescribed in the advertisement to possess a Post Graduate Degree from a recognized University in Homeopathy and five year's administrative experience. Besides preference was to be given to a Law Graduate, petitioner alongwith the private respondent and another person had made application for giving charge of the post of the Registrar.

(3.) After scrutinizing the aforesaid applications the Committee which was constituted by the Commissioner, Aayush as contained in Annexure P-8, petitioner was found to be the only eligible candidate but instead of giving charge to the petitioner, charge has been handed over to the private respondent and that being the bone of contention, it is submitted that once a legitimate expectation was raised, applications were invited, petitioner was found to be eligible candidate and then not giving charge to the petitioner is arbitrary and illegal.