Madhya Pradesh High Court
Nilesh Lagarkha vs The State Of Madhya Pradesh on 8 August, 2023
Author: Chief Justice
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 8th OF AUGUST, 2023
WRIT APPEAL No. 1117 of 2023
BETWEEN:-
1. SHARAD KUMAR PATHAK S/O SHIR RAMMILAN
PATHAK, AGED ABOUT 40 YEARS, OCCUPATION:
DISTRICT ACCOUNTS MANAGER REWA R/O
HANUMAN NAGAR TOP KHANA BICHIYA REWA
DISTRICT REWA (MADHYA PRADESH)
2. ARVIND SINGH S/O RAM BAHUDAR SINGH, AGED
ABOUT 38 YEARS, OCCUPATION: DISTRICT
ACCOUNT MANAGER UMARIA R/O KALI
MANDIR GANDHI CHOWK UMARIA DISTRICT
UMARIA (MADHYA PRADESH)
.....APPELLANT
(BY SHRI SANJAY K. AGRAWAL - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECREARY DEPARTMENT OF
PUBLIC HEALTH AND FAMILY WELFARE
GOVERNMENT OF MADHYA PRADESH
MANTRALAYA VALLABH BHAWAN BHOPAL
DISTRICT BHOPAL (MADHYA PRADESH)
2. NATIONAL HEALTH MISSION THROUGH ITS
MISSION DIRECTOR LINK ROAD-3 OPPOSITE
PATRAKAR COLONY BHOPAL (MADHYA
PRADESH)
2
3. THE DIRECTOR NATIONAL HEALTH MISSION
LINK ROAD-3 MADHAVRAO SAPRE MARG
BHOPAL DISTRICT BHOPAL (MADHYA
PRADESH)
4. THE CHIEF MEDICAL AND HEALTH OFFICER
REWA DISTRICT REWA (MADHYA PRADESH)
5. THE CHIEF MEDICAL AND HEALTH OFFICER
UMARIA DISTRICT UMARIA (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI S. S. CHAUHAN - GOVERNMENT ADVOCATE FOR
RESPONDENT NO.1, 4 AND 5 AND SHRI SATYAM AGRAWAL -
ADVOCATE FOR RESPONDENTS NO.2 AND 3)
WRIT APPEAL No. 1122 of 2023
BETWEEN:-
SUNEEL NEMA S/O SHRI SHIVNARAYAN NEMA, AGED
ABOUT 42 YEARS, OCCUPATION: IN CHEGE DISTRICT
PROGRAMME MANAGER, NATIONAL HEALTH
MISSION IN THE OFFICE OF CHIEF MEDICAL AND
HEALTH OFFICER, ANUPPUR (MADHYA PRADESH)
.....APPELLANT
(SHRI K.C. GHILDIYAL - SENIOR ADVOCATE WITH SHRI
ADITYA SINGH THAKUR - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY DEPARTMENT OF
PUBLIC HEALTH AND FAMILY WELFARE
VALLABH BHAWAN BHOPAL (MADHYA
PRADESH)
2. THE MISSION DIRECTOR NATIONAL HEALTH
MISSION MADHYA PRADESH LINK ROAD 3
OPPOSITE PATRAKAR COLONY BHOPAL
(MADHYA PRADESH)
3. THE DIRECTOR NATIONAL HEALTH MISSION
MADHYA PRADESH LINK ROAD -3 OPPOSITE
PATRAKAR COLONY BHOPAL (MP)
3
4. THE COLLECTOR DISTRICT ANUPPUR, ANUPPUR
(MADHYA PRADESH)
5. THE CHIEF MEDICAL AND HELATH OFFICER
ANUPPUR DISTRICT ANUPPUR (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI S. S. CHAUHAN - GOVERNMENT ADVOCATE FOR
RESPONDENT NO.1, 4 AND 5 AND SHRI SATYAM AGRAWAL -
ADVOCATE FOR RESPONDENTS NO.2 AND 3)
WRIT APPEAL No. 1123 of 2023
BETWEEN:-
ARPITA SINGH D/O SHRI UMESH SINGH, AGED ABOUT
35 YEARS, OCCUPATION: IN CHARGE DISTRICT
PROGRAMME MANAGER, NATIONAL HEALTH
MISSION IN THE OFFICE OF CHIEF MEDICAL AND
HEALTH OFFICER, REWA (MADHYA PRADESH)
.....APPELLANT
(BY SHRI K.C. GHILDIYAL - SENIOR ADVOCATE WITH SHRI
ADITYA SINGH THAKUR - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY DEPARTMENT OF
PUBLIC HEALTH AND FAMILY WELFARE
VALLABH BHAWAN BHOPAL (MADHYA
PRADESH)
2. THE MISSION DIRECTOR NATIONAL HEALTH
MISSION MADHYA PRADESH LINK ROAD-3
OPPOSITE PATRAKAR COLONY BHOPAL
(MADHYA PRADESH)
3. THE DIRECTOR NATIONAL HEALTH MISSION
MADHYA PRADESH LINK ROAD-3 OPPOSITE
PATRAKAR COLONY BHOPAL (MADHYA
PRADESH)
4. THE COLLECTOR REWA DISTRICT REWA
(MADHYA PRADESH)
4
5. THE CHIEF MEDICAL AND HEALTH OFFICER
REWA DISTRICT REWA (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI S. S. CHAUHAN - GOVERNMENT ADVOCATE FOR
RESPONDENT NO.1, 4 AND 5 AND SHRI SATYAM AGRAWAL -
ADVOCATE FOR RESPONDENTS NO.2 AND 3)
WRIT APPEAL No. 1131 of 2023
BETWEEN:-
LORITA SAMSON W/O ROCHWELL SAMSON, AGED
ABOUT 46 YEARS, OCCUPATION: DCM NATIONAL
HEALTH MISSION WARD NO. 1 ETTA BHATTA OPM
AMLAI DISTRICT SHAHDOL (MADHYA PRADESH)
.....APPELLANT
(BY SHRI SANJAY K. AGRAWAL - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY DEPARTMENT OF
PUBLIC HEALTH AND FAMILY WELFARE
GOVERNMENT OF MADHYA PRADESH
MANTRALAYA VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. THE MISSION DIRECTOR NATIONAL HEALTH
MISSION MADHYA PRADESH LINK ROAD 3
OPPOSITE PATRAKAR COLONY BHOPAL
(MADHYA PRADESH)
3. THE DIRECTOR NATIONAL HEALTH MISSION
MADHYA PRADESH LINK ROAD 3 OPPOSITE
PATRAKAR COLONY BHOPAL (MADHYA
PRADESH)
4. COLLECTOR RAISEN DISTRICT RAISEN
(MADHYA PRADESH)
5. CHIEF MEDICAL AND HEALTH OFFICER RAISEN
DISTRICT RAISEN (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI S. S. CHAUHAN - GOVERNMENT ADVOCATE FOR
5
RESPONDENT NO.1, 4 AND 5 AND SHRI SATYAM AGRAWAL -
ADVOCATE FOR RESPONDENTS NO.2 AND 3)
WRIT APPEAL No. 1132 of 2023
BETWEEN:-
MANOJ KUMAR JARARIA S/O R.C. JARARIA, AGED
ABOUT 38 YEARS, OCCUPATION: PRESENTLY
DISTRICT ACCOUNT MANAGER DISTRICT RAISEN
WARD NO. 9 HOUSING BOARD COLONY BHOPAL
ROAD DISTRICT RAISEN (MADHYA PRADESH)
.....APPELLANT
(BY SHRI SANJAY K. AGRAWAL - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
ADDITIONAL CHIEF SECRETARY DEPARTMENT
OF PUBLIC HEALTH AND FAMILY WELFARE
DISTRICT BHOPAL (MADHYA PRADESH)
2. MISSION DIRECTOR NATIONAL HEALTH
MISSION, M.P. DISTRICT BHOPAL (MADHYA
PRADESH)
3. CHIEF MEDICAL AND HEALTH OFFICER, RAISEN
DISTRICT RAISEN (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI S. S. CHAUHAN - GOVERNMENT ADVOCATE FOR
RESPONDENT NO.1 AND 3 AND SHRI SATYAM AGRAWAL -
ADVOCATE FOR RESPONDENT NO.2)
WRIT APPEAL No. 1134 of 2023
BETWEEN:-
NILESH LAGARKHA S/O SHRI HIRALAL LAGARKHA,
AGED ABOUT 38 YEARS, OCCUPATION: WORKING AS
DISTRICT COMMUNITY MOBILIZER AT BHOPAL
DISTRICT BHOPAL (MADHYA PRADESH)
.....APPELLANT
(BY SHRI SANJAY K. AGRAWAL - ADVOCATE)
6
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY DEPARTMENT OF
PUBLIC HEALTH AND FAMILY WELFARE
GOVERNMENT OF MADHYA PRADESH
MANTRALAYA VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. NATIONAL HEALTH MISSION THROUGH ITS
MISSION DIRECTOR LINK ROAD-3 OPPOSITE
PATRAKAR COLONY BHOPAL DISTRICT
(MADHYA PRADESH)
3. THE DIRECTOR NATIONAL HEALTH MISSION
LINK ROAD-3 MADHAVRAO SAPRE MARG
BHOPAL DISTRICT BHOPAL (MADHYA
PRADESH)
4. THE CHIEF MEDICAL AND HEALTH OFFICER
BHOPAL DISTRICT BHOPAL (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI S. S. CHAUHAN - GOVERNMENT ADVOCATE FOR
RESPONDENT NO.1 AND 4 AND SHRI SATYAM AGRAWAL -
ADVOCATE FOR RESPONDENTS NO.2 AND 3].
WRIT APPEAL No. 1116 of 2023
BETWEEN:-
HARI NARAYAN AHIRWAR S/O SHRI MANJULAL
AHIRWAR, AGED ABOUT 43 YEARS, OCCUPATION:
DISTRICT ACCOUNTANT RAISEN R/O WARD NO 13
ASHOK NAGAR RAISEN DISTRICT RAISEN (MADHYA
PRADESH)
.....APPELLANT
(BY SHRI SANJAY K. AGRAWAL - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THRUGH THE
PRINCIPAL SECREARY DEPARTMENT OF
PUBLIC HEALTH AND FAMILY WELFARE
7
GOVERNMENT OF MADHYA PRADESH R/O
MANTRALAYA VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. NATIONAL HEALTH MISSION THROUGH ITS
MISSION DIRECTOR LINK ROAD-3 OPPOSITE
PATRAKAR COLONY BHOPAL DISTRICT
(MADHYA PRADESH)
3. THE DIRECTOR NATIONAL HEALTH MISSION
LINK ROAD-3 MADHAVRAO SAPRE MARG
BHOPAL DISTRICT BHOPAL (MADHYA
PRADESH)
4. THE CHIEF MEDICAL AND HEALTH OFFICER
RAISEN DISTRICT RAISEN (MADHYA PRADESH)
5. THE CHIEF MEDICAL AND HEALHT OFFICER
SEHORE DISTRICT SEHORE (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI S.S. CHAUHAN - GOVERNMENT ADVOCATE FOR
RESPODNENTS NO.1, 4 AND 5 AND SHRI SATYAM AGRAWAL -
ADVOCATE FOR RESPONDENTS NO.2 AND 3)
WRIT APPEAL No. 1120 of 2023
BETWEEN:-
SAURABH SINGH CHAUHAN S/O SHRI R B SINGH,
AGED ABOUT 37 YEARS, OCCUPATION: IN CHARGE
DISTRICT PROGRAMME MANAGER NATIONAL
HEALTH MISSION IN THE OFFICE OF CHIEF MEDICAL
AND HEALTH OFFICER SIDHI DISTRICT SIDHI
(MADHYA PRADESH)
.....APPELLANT
(BY SHRI K.C. GHILDIYAL - SENIOR ADVOCATE WITH SHRI
ADITYA SINGH THAKUR - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY DEPARTMENT R/O
VALLABH BHAWAN BHOPAL (MADHYA
PRADESH)
8
2. THE MISSION DIRECTOR NATIONAL HEALTH
MISSION MADHYA PRADESH LINK ROAD-3
OPPOSITE PATRAKAR COLONY BHOPAL
(MADHYA PRADESH)
3. THE DIRECTOR NATIONAL HEALTH MISSION
MADHYA PRADESH LINK ROAD-3 OPPOSITE
PATRAKAR COLONY BHOPAL (MADHYA
PRADESH)
4. THE COLLECTOR DISTRICT SIDHI (MADHYA
PRADESH)
5. THE CHIEF MEDICAL AND HEALTH OFFICER
SIDHI DISTRICT SIDHI (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI S.S. CHAUHAN - GOVERNMENT ADVOCATE FOR
RESPODNENTS NO.1, 4 AND 5 AND SHRI SATYAM AGRAWAL -
ADVOCATE FOR RESPONDENTS NO.2 AND 3)
-----------------------------------------------------------------------------------------
These appeals coming on for admission this day, Hon'ble Shri
Justice Ravi Malimath, Chief Justice passed the following:
ORDER
Aggrieved by the common order dated 30.06.2023 passed by the
learned Single Judge in dismissing the writ petitions, the petitioners are
in appeal. For the sake of convenience, the facts as narrated in Writ
Appeal No.1117 of 2023 have been considered. In terms whereof, the
facts as narrated in W.P. No.27731 of 2021 were considered by the
learned Single Judge since the facts were identical and similar in the
other writ petitions also.
2. The case of the writ petitioners is that on 04.02.2021 the
respondent No.2 namely the Mission Director, National Health
Mission, Madhya Pradesh issued an advertisement inviting
applications from the eligible candidates for appointment to the posts
of DPM/DCM/DAM. The said posts were to be filled on the basis of a
limited departmental examination. That only existing employees were
entitled to participate in the said examination. It is a case of the writ
petitioners that all of them possessed the eligibility as per the criteria
fixed by the respondents. They appeared in the examination and were
declared successful. Consequently, a select list was prepared and the
petitioners were appointed as District Accounts Officers by the order
dated 07.06.2021. Thereafter, the respondents by the order dated
23.07.2021 cancelled the entire selection process. The same was
sought to be challenged by the instant writ petition. During the
pendency of the proceedings, a question was framed by the learned
Single Judge as stated by him in para 6 which reads as follows:-
"6. Before considering as to whether the impugned order
dated 23.7.2021 by which the entire selection process was
cancelled, is correct or not, this Court thinks it proper to
consider as to whether holding of limited intra departmental
examination was in accordance with law or not? Accordingly,
counsels for the parties were directed to address on the
question as to whether limited intra departmental examination
for filling up the post of DPM/DAM/DCM was permissible or
not."
And thereafter a question was framed in para 10 to the effect that as to
whether the National Health Mission namely the contesting
respondent, can debar general candidates, who are not the employees
of the National Health Mission, to participate in the recruitment to the
aforesaid posts on contract basis or not.
3. The learned Single Judge by relying on various judgments of the
Hon'ble Supreme Court, did not accept the contentions of the
petitioners and the writ petitions were dismissed.
4. The reasoning adopted by the learned Single Judge, in brief, is as
stated by him in para 26 of the order. Questioning the same, the writ
petitioners are in appeal.
5. We have heard Shri K.C. Ghildiyal, learned senior counsel
appearing for the appellants' counsel Shri Aditya Singh Thakur in Writ
Appeal Nos.1120 of 2023, 1122 of 2023 and 1123 of 2023 and Shri
Sanjay K. Agrawal, learned counsel appearing for the appellants in
Writ Appeal Nos.1116 of 2023, 1117 of 2023, 1131 of 2023, 1132 of
2023 and 1134 of 2023. The contention of the appellants is that the
learned Single Judge committed an error in dismissing the writ
petitions. That the respondent No.2 with an object to take in only those
persons who have experience in the said field, has issued the
advertisement. That no other persons would have experience as called
for in the advertisement. Therefore, in order to assist the respondents in
having persons with better qualifications and experience the said
advertisement has been brought about. Therefore, the classification
made therein is just and appropriate and no interference is called for.
6. However, on considering the contentions, we do not find any
merit in these appeals.
7. The learned Single Judge very clearly held that so far as
restricting the advertisement only to those persons who are in the
department, is inappropriate. That since it is an appointment being
made, the same should be open to every single person who is eligible.
Whether any other person is eligible other than the persons who are
already in service, is quite a different question. But the advertisement
itself restricts the applications only to those persons who are already in
service with the department. Clause 4.3 to the said effect would be
noticed in support of such a plea. The same restricts the people alone
as stated therein and only those persons and none other can apply.
Therefore, we are of the view that this is a clear violation of Articles 14
and 16 of the Constitution of India. When a recruitment process has
been initiated, all those who are eligible are entitled to apply. It cannot
be restricted only to a certain class of people as in the instant case it
has been restricted only to the employees of respondent No.2 and none
other. This we feel is inappropriate and cannot be upheld.
8. Hence, for all these reasons, we do not find any reason to
interfere in the well considered order of the learned Single Judge. The
writ appeals are accordingly dismissed.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
psm
Digitally signed by
PREM SHANKAR
MISHRA
Date: 2023.08.08
23:06:45 -07'00'
