SUNIL KUMAR MISHRA Vs. STATE OF M P

JUDGEMENT

(1.) THE Indian System of Medicine and Homoeopathy, Madhya Pradesh, bhopal issued an advertisement in May, 2007 inviting applications for filling up 200 posts of Medical Officers in Ayurved, Homoeopathy and Unani on contract basis at the Primary and Community Health Centres at district level under the scheme of National Rural Health Mission. The selection and appointment was to be governed by the Madhya Pradesh Ayurveda/homoeopathy/unani medical Cadre Contract Service (Appointment and Conditions of Service)Rules, 2006 (for short 'the Rules of 2006' ). In response to the advertisement, the petitioner amongst others applied, but the petitioner was not called for interview. Aggrieved, the petitioner has filed this writ petition for appropriate reliefs.

(2.) MR. P. K. Kaurav, learned Counsel for the petitioner submitted that before calling the candidates for interview, only the marks obtained by the candidates at the Graduate Degree level have been taken into consideration and no marks have been allotted to the petitioner and other candidates who have obtained Post Graduate Degree/diploma and as a result, the petitioner as well as other candidates who had got Post Graduate Degree/diploma, have not been called for interview. He submitted that the respondents have thus contravened the provisions of sub- rule (7) of Rule 5 of the Rules of 2006 which clearly provided that marks have to be allotted to a candidate who has obtained post Graduate Degree/diploma out of total of twenty marks and therefore, the entire selection should be set aside by the Court and the respondents should be directed to conduct the selection afresh.

(3.) MR. Samdarshi Tiwari, learned Government Advocate, on the other hand, relying on the return filed on behalf of the respondents submitted that the Note below sub-rule (7) of Rule 5 of the Rules of 2006 clearly provides that in case the applications received for the posts are in large number, the selection Committee will have the right to reduce the number of candidates three times to the available posts by adopting the procedure as prescribed in the advertisement and in the advertisement it was specified that in case applications received are in large number, the candidates may be called for interview three times to the available posts, on the basis of their merit. He submitted that sub-rule (4) of Rule 5 of the Rules of 2006 prescribed the 'minimum educational qualification' as per Schedule and applications of candidates were scrutinized by fixing a bench mark on the basis of marks obtained at the graduate level (minimum educational qualification) and accordingly, the merit of the candidates was determined and candidates as many as three times the number of available posts were called for interview and in such a selection process, the petitioner and other candidates who may have obtained Post Graduate degree/diploma could not be called for interview.