BETAL SINGH MAHORE Vs. STATE OF M.P.

JUDGEMENT

(1.) This intra-Court Appeal under Sec. 2(1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005 is directed against the order dtd. 20/12/2024 passed by learned Single Judge in Writ Petition No. 510 of 2019, whereby the writ petition filed by appellant (writ petitioner therein) has been dismissed.

(2.) In a narrow compass, the facts giving rise to present appeal are that in pursuant to selection process initiated by MP Jail Department for the post of Jail Warder (Prahari) in 1989 and on completion of interview, appellant being a Scheduled Caste candidate, was found place at Serial No.12 in the merit list dtd. 20/6/1989 and the candidates at Serial Nos.1 to 11 in the merit list were given appointment. Later on, after a period of two months, although the initial merit list dated 20-06- 1989 was in existence for a period of one year, the Superintendent, Central Jail, Gwalior prepared an additional merit list on 28/8/1989 out of which, five candidates belonging to Scheduled Caste Category got appointment whose names were found place at Serial Nos.19, 25, 38, 45 and 51 in the merit list. Therefore, the appellant preferred a miscellaneous petition (MP No.2260 of 1990) challenging the illegal appointment of those five candidates. The said miscellaneous petition was dismissed as withdrawn vide order dtd. 21/11/1990 with liberty to the appellant to file a fresh petition in the event if occasion arises.

(3.) Again, appellant preferred a second miscellaneous petition (MP No.166 of 1991) challenging his non-selection, which was later on transferred to MP State Administrative Tribunal and was registered as TA No.88 of 1993. After abolition of State Administrative Tribunal, the matter was transferred to the High Court which was renumbered as Writ Petition No.2826 of 2003 and the same was dismissed on 14/7/1995 on the ground of non-maintainability of second petition for the same cause of action.