PRAMOD KUMAR SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioner is a Patwari, he appeared in Limited Departmental Examination Recruitment Test, 2018 for direct recruitment to the post of Naib Tahsildar, held on 30.06.2018 conducted by the Professional Examination Board. The petitioner attained 152.49 marks out of 200 and was placed at Serial No.1 in the merit list. However, the appointment order was not issued as it was found that a Criminal Case RCT 9283/2014 for the offences punishable under Sections 420, 120-B IPC and Section 3(D)(1-2)/4 of Madhya Pradesh Recognized Examination Act, 1937, was pending in the Court of Judicial Magistrate First Class, Bhopal.

(2.) The issue which arises for consideration is whether in this fact situation direction can be given to the respondents to appoint the petitioner. In this context, reference can be had of the decision in "Avtar Singh v. Union of India and others [((2016) 8 SCC 471]"; wherein, it is held:

(3.) In our considered opinion, similar principle will apply in a case as at hand where the petitioner is facing grave and serious charges cannot as a matter of right seek mandamus for appointment because he finds place in select list, which as trite it does not create any right in the incumbent for appointment.