SATISH BHANDARI Vs. STATE OF M. P.

JUDGEMENT

(1.) BY this petition, the petitioner seeks quashing of the order of ad hoc appointment of respondent No.3, to the post of Lecturer in Paediatrics, in the Chacha Nehru Children's Hospital and Research Centre Indore (for short 'the Centre') and for a direction that the post be filled after open and fair advertisement.

(2.) IT is not in dispute that the Governor of M. P. in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and all other powers enabling him in this behalf has made the M.P. (Health) Requirement Rules 1967 (for short 'the Rules') and under rule 11 selection for direct recruitment bas to be made by the Madhya Pradesh Public Service Commission.

(3.) IT was on 25 -9 -1984 that one Gazetted post of Lecturer in Paediatrics was created in the centre and without any advertisement for the post and without following the Rules, the respondent no. 3 was given ad hoc appointment to that post for a period of six months by an order dated 5 -10 -84. The petitioner is qualified for appointment to the post. Previously in December 1983 the State of Madhya Pradesh, the respondent no. 1, had advertised one post of Lecturer in Paediatrics in the Medical College Rewa but the petitioner had not applied for it.