LAWS(MPH)-2018-1-74

ASHUTOSH PAWAR Vs. HIGH COURT OF MADHYA PRADESH

Decided On January 12, 2018
Ashutosh Pawar Appellant
V/S
HIGH COURT OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) A Division Bench of this Court while hearing the present writ petition on 23.10.2017 found conflict between the two Division Bench decisions of this Court in W.P. No.5887/2016 ( Arvind Gurjar vs. State of M.P. and another ) decided on 27.10.2016 and W.A. No.163/2009 ( Roop Narayan Sahu vs. State of M.P. and others ) decided on 11.08.2017. Therefore, the following questions were framed for the decision of the larger Bench:-

(2.) The brief facts leading to the present writ petition are that the petitioner applied for appointment as Civil Judge, Class-II (Entry Level). The selection process of the said recruitment commenced vide advertisement dated 13.10.2014 (Annexure P-1). The petitioner successfully completed all the three stages of the examination i.e. preliminary examination, main examination and interview and his name was recommended for appointment as Civil Judge, Class-II. However, while recommending the name of the petitioner on 3 rd September 2015, the following was communicated to the State Government by this Court:-

(3.) It is on the basis of the said communication, the State Government communicated on 9th March, 2016 (Annexure P-11) that the petitioner is not suitable for appointment to the post of Civil Judge, Class-II. The said order has been challenged by the petitioner in the present writ petition.