LAWS(MPH)-2024-1-206

ARCHANA DEVI RAJPOOT Vs. STATE OF MADHYA PRADESH

Decided On January 10, 2024
Archana Devi Rajpoot Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This petition is filed assailing the order dtd. 13/12/2023 (Annexure P/1) passed by the respondent No.2 whereby admission of the petitioner in CPS (PG) diploma course for the academic year 2023 - 24 has been cancelled.

(2.) It is the case of the petitioner that she being a laborious student has passed M.B.B.S course in the year 2020 and after completion of the degree of M.B.B.S course, she was selected to the post of Medical Officer Class-II on 23/8/2021. Her name finds place at serial no.198 of the list. She was given the charge of regular Medical Officer at Primary Health Centre, Baranathar and Community Health Centre, Palera and she was posted as Block Medical Officer at Community Health Centre, Palera, Tikamgarh on 3/11/2022. She applied for two years CPS (PG) diploma course in the subject of Diploma in Gynecology Obstetrics(DGO). She qualified the examination and was selected for the academic year 2022 - 2024 on 28/2/2023. The petitioner has submitted all the relevant documents for verification. During the intervening period, on 28/8/2023 an FIR has been registered against the petitioner for the offence under Sec. 7 of the Prevention of Corruption Act, 1988 and Amended Act, 2018 at Crime No.80 of 2023 at police station Special Police Establishment, Lokayukt, Sagar. She was relieved on 4/4/2023 from the post of Block Medical Officer, Palera to join the study of CPS (PG) diploma course for the subject DGO at J.P. District Hospital, Bhopal as per allotment of the seat. But to the utter surprise of the petitioner, her admission to the diploma course has been cancelled by the authorities by the impugned order on the ground that a criminal case has been registered against the petitioner for the offence under Sec. 7 of the Prevention of Corruption Act, 1988.

(3.) It is her case that the entire proceedings have been undertaken with a malafide intention. The petitioner has already been selected for PG diploma course prior to registration of the FIR. She was only required to give her joining. She was relieved from the post of Block Medical Officer, Palera on 4/4/2023 but prior to the aforesaid, an FIR was got registered against her. Therefore, the present petition has been filed seeking interference in the matter.