YOGESH KUMAR KUSHWAH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition, under Article 226 of Constitution of India, has been filed seeking the following relief (s):

(2.) Learned counsel for the petitioner submits that on 26/9/2014 the Additional Collector, Shivpuri issued an advertisement on the basis of the directions issued by the State of M.P., Revenue Department vide order dtd. 11/9/2014. It is further submitted that as per the order dtd. 11/9/2014, the qualification and selection procedure were required to be initiated on the basis of the circular dtd. 14/7/2011 issued by the Lok Sewa Prabandhan Vibhag. It is further submitted that as per the circular dtd. 14/7/2011, the prescribed qualification is only graduation and the merit list is required to be prepared on the basis of the marks obtained in graduation. As per advertisement, without considering the aforesaid circular, the Additional Collector, Shivpuri prescribed a minimum of 60% marks in graduation. It is further submitted that as per the circular dtd. 14/7/2011, the candidate ought to have obtained graduation in the science subject. Contrary to the circular dtd. 14/7/2011, the advertisement has been issued by the Additional Collector without considering that graduation in the science subject is compulsory as per the said circular and the Collector, Shivpuri has prescribed a minimum of 60% marks in graduation, meaning thereby that graduation in any subject would be considered. It is further submitted that in other districts also the minimum requirement has been prescribed as per the circular dtd. 14/7/2011.

(3.) Per contra, learned Government Advocate for the respondents/State supported the advertisement dtd. 26/9/2014, stating that the qualification has rightly been prescribed by the Additional Collector, Shivpuri, and therefore prayed for dismissal of the petition.