SHYAM MOHAN SRIVASTAVA Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner has filed this petition challenging the order, Annexure P-l dated 22.07.2005 and also his non-appointment on the post of Additional Assistant Development Commissioner in the Panchayat and Rural Development Department.

(2.) The petitioner was appointed as Assistant Development Extension Officer on 31.01.1984. Respondent No. 2 issued an advertisement on 26.09.1996 for total 250 posts of Additional Assistant Development Commissioner. The petitioner after getting permission from the department applied for the post and he received total 71 marks out of 110 marks. Petitioner was placed at serial No. 17 in the supplementary select list of General Category candidates, copy of the list has been filed as Annexure P-5. Subsequently, vide an order dated 06.08.2002 upto serial No. 6 of the supplementary select list of General Category candidates the persons were appointed, copy of the appointment order has been filed as Annexure P-8. Thereafter, one Mr. Ratan Kumar Shrivastava, who was placed at serial No. 7 of the supplementary select list, was appointed vide order dated 12.11.2002, copy of the order has been filed as Annexure P-10. Thereafter, further vide another order dated 3rd June 2004, copy of which has been filed as Annexure P-l 1, upto Mr. Rajendra Kumar Palanpure, who was placed at serial No. 16 in the supplementary select list had been appointed leaving the petitioner alone. It is also a fact that one Mr. Sanjay Agarwal did not join after his appointment. He was placed at Serial No.2 ,in the supplementary select list and the Deputy Commissioner requested the Secretary that one post of Mr. Sanjay Agarwal was vacant and another candidate could be appointed in his place. Thereafter, further clarification was sought vide letter dated 15.09.2004. Finally, vide impugned order, Annexure P-l the Public Service Commission stated that it was not in agreement to appoint any other person in place of Mr. Sanjay Agarwal because the validity of the select list could not be extended.

(3.) Respondent no.2 in the return stated that although Mr. Sanjay Agarwal did not join on his family ground but the validity of the select list had already been expired, hence the Public Service Commission did not grant permission and its consent to appoint another person in place of Mr. Sanjay Agarwal. It has further been stated that the Public Service Commission had taken a policy decision not to extend the validity of the selection list beyond a period of one year for general category candidates and eighteen months for reserved category candidates.