NIKHIL KUMAR GODHA Vs. STATE OF M P

JUDGEMENT

(1.) HEARD Mr. Aditya Sanghi, learned counsel for the petitioner Mr. K.S. Wadhwa, learned counsel appearing for the M.P. Public Service Commission and Mr. V.S. Shroti, learned senior counsel with Mr. A.P. Shroti for the respondent No. 3.

(2.) THE two petitioners appeared in the LL.B. final year examination in May -June, 2007. Although the results of their LL.B. examination were not published they were allowed to take the preliminary examination on 27.5.2007 pursuant directions of this Court in the order dated 7.3.2007 in WP No. 3370/2007 and WP No. 3428/2007 directing the State Government and the M.P. Public Service Commission to issue a corrigendum in the impugned advertisement dated 26.2.2007 for recruitment to 240 posts of Civil Judge (Entry level) to permit candidates studying in the final year LL.B. course to take the preliminary examination with the condition that they will produce proof of having passed the LL.B. final year examination along with their application forms for the main examination. For some reason or the other, the results of the final year LL.B. examination taken by the petitioners have not been declared by the Devi Adhilya Vishwavidyalaya, Indore as yet. As a consequence, the M.P. Public Service Commission is not going to allow the petitioners to take the Main Examination be held on 5.8.2007. The petitioners have therefore filed this writ petition for direction to the M.P. Public Service Commission to permit them to appear in the Main Examination scheduled to be held on 5.8.2007 for the posts of Civil Judge Class II. 2.A. After hearing Mr. Aditya Sanghi, learned counsel for the petitioners and Mr. K.S. Wadhwa, learned counsel for the M.P. Public Service Commission, we find that by virtue of this Court's order dated 7.3.2007 in WP No. 3370/2007 and WP No. 3428/2007, the petitioners were allowed to take the preliminary examination for recruitment to 240 posts of Civil Judge (Entry level) advertised on 26.2.2007 with the condition that they will produce proof of having passed the LL.B. examination along with their application forms for the Main Examination. Since in the order dated 7.3.2007 of this Court in WP No. 3370/2007 and WP No. 3428/2007 a clear stipulation was laid down that the candidates should be allowed to take the preliminary examination subject to condition that they will produce proof of having passed LL.B. examination along with their application forms for the Main Examination, the M.P. Public Service Commission is not allowing the petitioners to take the Main Examination for the 240 posts of Civil Judge (Entry level).

(3.) WE accordingly, dispose of this writ petition with the direction that the M.P. Public Service Commission will permit the petitioners and all other candidates who have taken LL.B. final year examination and who have been allowed to take the preliminary examination of Civil Judge (Entry level) pursuant order dated 7.3.2007 of this Court in WP No. 3370/ 2007 and WP No. 3428/2007 to take the Main Examination for Civil Judge (Entry level) scheduled to be held on 5.8.2007 subject to condition that they will produce proof of their having passed LL.B. final year examination before the interview for the selection.