AJAY SINGH RAWAT Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs :-

(2.) It is submitted by counsel for petitioner that all the grounds raised by the petitioner except that respondent No.6 was not holding a valid driving license of two wheeler, have been considered by this Court by a separate order passed today in the case of Nitin Gautam Vs. State of Madhya Pradesh and Others (W.P.No.4202/2013) . It is submitted that so far as this additional ground is concerned, note No.3 appended to advertisement required that candidate applying for the post of Malaria Technical Supervisor must have a valid license to run two wheeler vehicle, whereas respondent No.6 was having a learning license which was valid from 20/6/2012 to 19/12/2012 and the advertisement was published in the Newspaper dated on 28/7/2012 and according to this advertisement, last date for submission of the application was within a period of 10 days from the date of publication. It is submitted that on the date of publication of advertisement, respondent No.6 was not having a valid driving license.

(3.) Per contra, petition is vehemently opposed by counsel for respondent No.6. It is submitted that the driving license to drive two wheeler vehicle was issued on 30/7/2012 which has been filed as Annexure R-6/2. It is submitted that as the cut off date was not mentioned in the advertisement, therefore, it has to be presumed that the cut off date was the last date for submission of application form. Since the advertisement was issued on 28/7/2012, therefore the cut off date would be 7/8/2012 and since the respondent No.6 was already issued the regular driving license on 30/7/2012, therefore, it is clear that he was having a valid driving license.