NEETU DUBEY Vs. STATE OF MP

JUDGEMENT

(1.) THE petitioner is invoking the jurisdiction of this Court under Article 226 of the Constitution, seeking a writ of mandamus for the respondents to accept her candidature and permit her to participate in the recruitment process.

(2.) THE petitioner passed graduation in the year 2007. She secured 1033 out of 1800 marks. In the graduation, sociology was one of the subjects. The petitioner also passed B.Ed. Examination and obtained 777 out of 1000 marks. The respondents issued an advertisement in January, 2012 in 'Rojgar and Nirman' for recruitment on the post of Contract Teacher Grade -I, II and III. The petitioner submitted her candidature for the same. The petitioner also appeared in Contract Teacher Grade -II Eligibility Test 2011. Her result is Annexure P/6. She has been declared as "qualified". It is the case of the petitioner that when petitioner approached the respondent No.3 with original documents, she was not permitted to appear in the recruitment process.

(3.) SHRI Prashant Sharma submits that the petitioner does possess the requisite qualification and action of the respondent is arbitrary in depriving her from right of consideration. He submits that neither in the recruitment rules nor in the rules of Examination 2011 (Annexure P/7), there exists any provision which deprives the petitioner from her right of consideration. In other words, it is contended that as per recruitment rules and the rules of examination (Annexure P/7), the petitioner is eligible.