BRIJ BHARI SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THE order in this petition shall also govern the disposal of miscellaneous Petitons Nos. 1197 of 1985, 1257 of 1985, 1277 of 1985, 1291 of 1985, 1346 of 1985, 1430 of 1985, 1754 of 1985, 1813 of 1985, 1814 of 1985, 1916 of 1985, 1966 of 1985, 1989 of 1985, 2045 of 1985, 2076 of 1985, 2250 of 1985,2317 of 1985,2368 of 1985, 2394 of 1985, 2531 of 1985, 2597 of 1985, 2885 of 1985, 2917 of 1985, 2264 of 1985, 338 of 1986, 1341 of 1986, 2387 of 1986, 3148 of 1986, 3431 of 1986 and Miscellaneous Civil case No. 38 of 1986.

(2.) THE petitioners in all these writ petitions pray for a direction for appointment to the vacant posts of registration moharrirs in the department of registration. Their claim is that quite a few of them had been working against such post on ad hoc basis for good number of years although those appointments were intermittently terminated and fresh appointments were given to them. It appears that the State Government wanted to make regular appointments against these posts. For that purpose applications were invited by a notification and an examination was held on 20-6-1983. A list of successful candidates was then published under the signatures of Assistant Inspector General registration. It is Annexure P/2 in Miscellaneous Petition No. 3300 of 1985. As many as 168 candidates were declared successful. The petitioners barring a few, are among those successful candidates. Respondents 3, 4 and 5 were also declared successful in that examination and their names also find place in Annexure P/2. Respondent No. 5 manoharlal Mishra is at serial No. 33 in that list. He was given the appointment as in spite of the petitioners being declared successful at the examination and as in spite of their being included in the list Annexure P/2, they except respondent No. 5, were not given any appointment, two of them, viz. , respondents 2 and 4, filed petitions before this court for a direction to the State Government to appoint them as registration moharrirs. These writ petitions were registered as Miscellaneous Petitions Nos. 2826 of 1983 and 2862 of 1983. A similar petition was filed at Gwalior Bench of this Court and was registered as Miscellaneous Petition No. 488 of 1983. All these petitions were allowed and a direction was issued to the State Government to appoint the petitioners in those writ petitions. Consequently, respondent No. 3 Sushil Kumar Jain, respondent No. 4 Rajkumar Chourasia and Shri Tulsiram Pemde were appointed.

(3.) MEANWHILE, the State Government issued notices to all the applicants including the petitioners to take further examination. This was termed as "final examination" (ANTIM PARIKSHA ). A copy of such notices is Annexure P/3 and is dated 21-11-1983. The notice makes it obligatory for the candidates to appear at that examination and it further indicates that no second opportunity shall be given for that purpose. The petitioners are aggrieved by this direction of the State Government contained in Anneuxre P/3 asking to appear at that examination after their being declared successful at the earlier examination, vide list Annexure P/2. Their contention is that a second examination was contemplated at no stage and the first examination held was final for all purposes. The list prepared vide Annexure P/2 was arranged in order of merit and so long as vacancies existed, the State Government has no option but to make appointments in accordance with the list so prepared.