SHYAM SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard on the question of admission.

(2.) By this writ appeal, the appellant ' Shyam Singh respondent No.6 in the writ petition is challenging the order dated 02.08.2013 passed in Writ Petition No.9586/2012 whereby learned Writ Court allowed the writ petition of respondent No.6 (Hemant Singh) and directed the respondents No.1 to 5 to review the process of selection and issue a fresh appointment order in favour of the most meritorious candidate within thirty days from the date of receipt of a certified copy of the order.

(3.) Brief facts of the case are that an advertisement was issued on 02.06.2012 inviting applications for the post of Gram Rozgar Sahayak and the respondent No.6 (writ petitioner) being the most meritorious candidate was placed at Serial No.1 in the merit list. An objection was preferred by certain other candidates, that the respondent No.6 in the present writ appeal (writ petitioner) is facing criminal case and based upon the objection, the writ petitioner s name was deleted from the merit list and the appellant (Shyam Singh), who was respondent No.6 in the writ petition and was at Serial No.3 in the merit list, has been appointed. Later on, writ petitioner (Hemant Singh) has been acquitted by the judgment dated 14.05.2013. It was submitted before the Writ Court that no clause under the executive instructions debars the writ petitioner (respondent No.6 in the present writ appeal) from being appointed as Gram Rozgar Sahayak on account of pendency of a criminal case, the selection of respondent No.6 (appellant herein), who is less meritorious candidate is bad in law.