POOJA SAHU Vs. STATE OF M.P.

JUDGEMENT

(1.) Assailing the order dtd. 11/10/2023 passed by the learned Single Judge in dismissing Writ Petition No.21408 of 2021, the writ petitioner is in appeal.

(2.) It is the case of the petitioner that in pursuance to the advertisement issued on 1/6/2021 inviting applications to the post of Cardiothoracic technician, the petitioner as well as respondent No.3 and others applied for the same. There was one post reserved for OBC category and the qualification required was 10+2 with Biology, Chemistry and Physics, Diploma in Cardiothoracic technician and Certificate of Registration in M.P. Sah Chikitsiya Parishad. The petitioner was having all the requisite qualifications to the post in question. When the merit list was prepared, the petitioner was at serial number 1 in the merit list with 39 score whereas the respondent no.3 was having 24 score in the merit list. When the petitioner came to know about the fact that the respondent No.2 is making appointment of respondent No.3 despite he being less meritorious, the petitioner filed an objection to the same but without assigning any reason, the respondent No.3 was appointed on the aforesaid post. No explanation to the objection raised by the petitioner was given. Therefore, the writ petition was filed which came to be dismissed vide impugned order.

(3.) It is argued that the writ court has failed to consider the aforesaid aspect of the matter and has dismissed the writ petition inter alia placing reliance upon clause 4 of the advertisement which is the condition mentioned therein that a preference would be given to the candidates who have passed out the requisite qualification from the Government Medical Colleges. The counsel for the appellant submits that it is only a preference which was required to be given to the candidates but the preference cannot override the merit of the petitioner. Admittedly, the petitioner was more meritorious than respondent No.3.