SAURABH SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS is an appeal filed by the appellant under Section 2 (1) of the Madhya pradesh Uchcha Nyalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005 against the order dated 20-2-2008 passed by learned Single Judge under Article 226 of the Constitution of India in W. P. No. 14220/2007 (S ).

(2.) THE facts briefly are that the appellant was born in District Rewa in the State of Madhya Pradesh in 1986 and did his schooling in schools situated in district Rewa up to Class IX, but he studied in Class X in Durg and passed higher Secondary School Examination conducted by the Chhattisgarh Board of secondary Education, Raipur in 2002. Pursuant to an advertisement dated 25-3-2006 for recruitment to the post of Constable, the appellant applied and was selected, but by a communication dated 22-9-2007 of the respondents he was informed that his name has been deleted from the select list as he had not obtained educational qualification from any school situated in Madhya Pradesh. Aggrieved, the appellant filed W. P. No. 14220/2007 (S) praying for a direction to the respondents to appoint him on the post of Constable. By order dated 20-2-2008 the learned Single Judge dismissed the writ petition after holding that the appellant had not acquired the requisite educational qualification from the state of Madhya Pradesh as per the condition contained in the advertisement dated 25-3-2006. The learned Single Judge further held in the impugned order that in the circular dated 27-3-1998, the State Government has stipulated the condition for recruitment to all civil posts in the departments of Government of madhya Pradesh that the candidates must have passed the Higher Secondary school Examination or obtained Bachelor Degree from the school/college situated in Madhya Pradesh and this condition in the circular has not been challenged by the appellant in the writ petition.

(3.) MR. Sanjay Ram Tamrakar, learned Counsel for the appellant, submitted that the appellant was not aware of the circular dated 27-3-1998 issued by the General Administration Department of the Government of madhya Pradesh laying down the condition that the candidates applying for any civil post must have passed Higher Secondary Examination or Graduate Degree examination from Madhya Pradesh and therefore the appellant had not challenged this circular. He further submitted that in any case the appellant had challenged the advertisement dated 25-3-2006 which stipulated the condition that the educational qualification must have been obtained by the candidate from a school situated in Madhya Pradesh and the learned Single Judge ought to have decided the validity of this condition stipulated in the advertisement. He submitted that in a recent decision in State of Madhya Pradesh Vs. Ritesh Kumar sharma and others, 2006 (2) M. P. H. T. 11 (DB) = 2006 (3) MPLJ 53, a Division bench of this Court has held that such a condition providing that only those candidates who have passed Higher Secondary Examination or obtained graduate Degree from the State of Madhya Pradesh are eligible is discriminatory and violative of Article 14 of the Constitution of India. He submitted that the Court should therefore strike down this condition in the impugned advertisement dated 25-3-2006 as ultra vires the Constitution.