JAGRAM VERMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard finally, with the consent of the parties.

(2.) This writ petition has been filed by the petitioner Dr. Jagram Verma on 22/11/2021 under Article 226 of the Constitution of India against the advertisement dtd. 29/10/2021, issued by the respondent No.3 the Dean, Mahatma Gandhi Memorial, Government Medical College, Indore in which amongst other, a vacancy for the post of Professor in the ENT Department for unreserved category has been advertised.

(3.) The petitioner has challenged the aforesaid advertisement on the ground that the advertisement has been issued dehors the Rules as the aforesaid post is a promotional post, whereas the respondents are bent upon to recruit the candidate through direct recruitment. It is submitted that it is an in-house advertisement, which is also not permissible, as it was incumbent upon the respondents to recruit on the said post through departmental recruitment process. In support of his submissions, Shri Saurabh Sunder, learned counsel for the petitioner has relied upon the Circular dtd. 17/11/2020, and para 3 of which provides that as per Schedule-II, if eligible candidate is not available to be appointed through promotion, in that case, the post can be filled up through direct recruitment.