Madhya Pradesh High Court
The State Of Madhya Pradesh vs Manoj Nagle on 5 October, 2023
Author: Vijay Kumar Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 5 th OF OCTOBER, 2023
REVIEW PETITION No. 970 of 2023
BETWEEN:-
1. THE STATE OF MADHYA PRADESH DEPARTMENT
OF ANIMAL HUSBANDRY AND VETERINARY
SERVICE PRINCIPAL SECRETARY VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
2. THE DIRECTOR, DIRECTORATE OF ANIMAL
HUSBANDARY KAMDHENU BHAWAN, BAISHALI
NAGAR, KOTRA SULTANABAD, BHOPAL
(MADHYA PRADESH)
.....PETITIONERS
(BY SHRI SHREY RAJ SAXENA, LEARNED DY. ADVOCATE GENERAL)
AND
1. MANOJ NAGLE S/O SHRI RAM PRASAD NAGLE
OCCUPATION: UNEMPLOYED 113, PANDURANG
NAGAR, SHUJALPUR (MADHYA PRADESH)
2. RAJESH SONGARE S/O SHRI RAMESH CHANDRA
SONGARE OCCUPATION: UNEMPLOYED 38,
GRAM KUKRAS, POST NANASA, TEH.
KHATEGAON, DIST. DEWAS (MADHYA PRADESH)
3. SURAJ SINGH HARWAL S/O SHRI AJAY SINGH
HARWAL GRAM AND POST BEDI KHATTALI, TEH.
JOBAT DIST. ALIRAJPUR (MADHYA PRADESH)
4. VIRENDRA DAWAR S/O SHRI DINESH DAWAR
OCCUPATION: UNEMPLOYED GRAM BHAMI,
POST SALI, TEH. RAJPUR DIST. BARWANI
(MADHYA PRADESH)
5. NARENDRA SINGH CHOUHAN S/O SHRI LAKHAN
SINGH CHOUHAN OCCUPATION: UNEMPLOYED
35, PAKHARIYAPURA, TEH. GUNA, DIST. GUNA
(MADHYA PRADESH)
Signature Not Verified
Signed by: SOUMYA
RANJAN DALAI
Signing time: 05-10-2023
16:42:29
2
6. RAVI BANDIL S/O SHRI CHANDAN SINGH
OCCUPATION: UNEMPLOYED 28/435,
PEEPLALWALI GALI GOPALPURA, DIST. MORENA
(MADHYA PRADESH)
7. RAMESH CHANDRA PARASHAR S/O SHRI K L
PARASHAR OCCUPATION: UNEMPLOYED E-50,
GAYATRI VIHAR, DARPAN COLONY, THATIPUR
DIST. GWALIOR (MADHYA PRADESH)
8. THE REGISTRAR ANIMAL HUSBANDRY AND
DAIRY FARMING DEPARTMENT COUNCIL
BEHIND KAMDHENU BHAWAN, VAISHALI
NAGAR, BHOPAL (MADHYA PRADESH)
9. THE VICE CHANCELLOR, NANA JI DESHUKH
VETERINARY SCINENCE UNIVERSITY
ADHARTAL, JABALPUR (MADHYA PRADESH)
10. THE CONTROLLER PROFESSIONAL
EXAMINATION BOARD BHOPAL CHAYAN
BHAWAN, MAIN ROAD NO. 01, CHINAR PARK
EAST BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
(SHRI RANJEET SEN, LEARNED COUNSEL FOR THE RESPONDENTS
[CAVEAT]) (SHRI ASHUTOSH SHARMA, LEARNED COUNSEL FOR THE
RESPONDENT NO. 11)
This petition coming on for admission this day, th e court passed the
following:
ORDER
The present review petition is filed for review/recall of the order dated
11.08.2023 passed in Writ Petition No. 19468/2019. The non-
applicants/petitioners filed a writ petition WP No. 19468/2019 claiming
following reliefs:-
(1) that the respondent nos.1, 2 and 3 may be directed to consider
the candidature of the petitioner for enrolment of their names in the
rolls of Madhya Pradesh State Veterinary Council.
(2) the petitioners be permitted to commence their profession as
Veterinary Practitioner and do private practice to earn their
livelihood.
Signature Not Verified
Signed by: SOUMYA
RANJAN DALAI
Signing time: 05-10-2023
16:42:29
(3) the respondent may be further directed not to allow any person
ho ld ing higher qualifications other than the Diploma Holder
candidates for recruitment on the post of Assistant Veterinary Field
Officer as per the AVFO Recruitment Rules, 2006.
2. Counsel for the non-applicants/petitioners in the writ petition confined
only to the grievance that the candidate possessing higher qualification than the
prescribed qualification be not permitted to participate in the selection for the
post of Assistant Veterinary Field Officer. He further submitted that the said
issue has already been decided by the Division Bench in the case of Sudheer
Sharma vs. State of Madhya Pradesh in Writ Appeal No. 763/2021.
3. Counsel for the State also did not dispute the aforesaid submissions.
4. This Court on the basis of the aforesaid submissions and in the light
of the submissions referring the judgment of Sudheer Sharma (supra), the
petition was allowed partly so far the grievance of the petitioner in respect of
participation of the candidates having higher qualification than the prescribed
qualification.
5. Counsel for the applicants in review submits that no such issue has
been decided in the case of Sudheer Sharma (supra). It has not been decided
that the candidates having higher qualification than the minimum qualification
cannot be allowed to participate in the selection in the said case. He further
argued that in the advertisement, it was prescribed that candidates having higher
qualifications are also eligible. It is further submitted that due to inadvertence, a
wrong concession was made on behalf of the government. Wrong concession
on the point of law cannot operate as estoppel. The counsel for the petitioners
submitted that the issue stands covered by the said judgment.
6. After hearing learned counsel for the parties and upon perusal of the
order passed by the Division Bench in the case of Sudheer Sharma (supra), it
Signature Not Verified
Signed by: SOUMYA
RANJAN DALAI
Signing time: 05-10-2023
16:42:29
is manifest that there is no such order that the candidates having qualification
more than the minimum qualification are restrained from participating in the
selection.
7. In view of the aforesaid, the order passed by this Court dated
11.08.2023 in WP No. 19468/2019 is recalled.
8. Office is directed to list the original writ petition for hearing.
CC as per rules.
(VIJAY KUMAR SHUKLA)
JUDGE
soumya
Signature Not Verified
Signed by: SOUMYA
RANJAN DALAI
Signing time: 05-10-2023
16:42:29
