STATE OF MP Vs. NEELIMA SIMGH

JUDGEMENT

(1.) THIS is an appeal under section 2 of the madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 against the order dated 1-8-2006 of learned single Judge passed in W. P. No. 3326 of 2004.

(2.) THE facts briefly are that on 18-7-2004, the Director of Medical education, Government of Madhya Pradesh, issued an advertisement inviting applications inter-alia for one post of Assistant Professor in Medicine from candidates belonging to the General Category for G. R. Medical College, gwalior. On 2-3-2004, the Director of Medical Education issued a corrigendum to the advertisement so as to add one more post of Assistant Professor, Medicine for candidates belonging to the General Category in G. R. Medical College, gwalior. One Mr. J. S. Namdhari, who had filed Writ Petition (S) No. 355 of 2003 before the Bench of the High Court at Gwalior, filed an application in the said writ petition praying for stay of the selection pursuant to the advertisement to the two posts of Assistant Professor, Medicine for General Category as he was interested in being appointed in one of these posts. On 30-7-2004, a learned single Judge of this Court passed an interim order directing that selection pursuant to the advertisement shall go on but one post of Assistant Professor, medicine in G. R. Medical College, Gwalior shall not be filled up until further orders. During 13-10-2004 to 16-10-2004, the selection through interviews was conducted by the Selection Committee and for one of the posts at G. R. Medical college, Gwalior, Dr. Ajay Pal Singh was recommended for appointment and was subsequently appointed. For the second post, the Selection Committee did not name any person for appointment and instead, placed the respondent in waiting list in the first position. The respondent filed an application in W. P. (S)No. 355 of 2003 before the learned single Judge of the High Court for vacating the stay and the learned single Judge passed an order on 29-11-2004 vacating the interim order of stay but observed that the appointment of the candidate to the second post of Assistant Professor, Medicine in G. R. Medical College, Gwalior shall be subject to the result of the writ petition.

(3.) WHEN the respondent who had been placed in the waiting list in the first position was not appointed, she filed W. P. No. 3326 of 2004 before Gwalior bench of the High Court on 24-12-2004 praying for a mandamus on the appellants to appoint her in the second post of Assistant Professor, Medicine in g. R. Medical College, Gwalior pursuant to the advertisement dated 18-7-2004 and the corrigendum dated 3-8-2004 and also praying for restraining the appellants from re-advertising the posts. The respondent also filed I. A. No. 4737 of 2005 to appoint her in accordance with the selection, which was held pursuant to the advertisement dated 18-7-2004 and the corrigendum dated 3-8-2004 but the prayer in the said I. A. was rejected by learned single Judge by order dated 4-4-2005. Thereafter on 3-9-2005, the Dean of G. R. Medical College, Gwalior issued a fresh advertisement inviting applications for two posts of Assistant professor in Medicine from General Category candidates. In response to the said advertisement, the respondent also submitted her application. She also filed I. A. No. 15287 of 2005 before the learned single Judge in W. P. No. 3326 of 2004 praying for interim order directing the appellants not to fill up the posts pursuant to the advertisement issued on 3-9-2005, but by order dated 28-9-2005, the learned single Judge rejected the prayer in the said LA. Thereafter, the selection by way of interview was held on 14-2-2006 for filling up the two posts advertised by the advertisement dated 3-9-2005 and in the said selection, the respondent was not selected.