Madhya Pradesh High Court
Dr. ( Mrs.) Sadhna Awasthi vs The State Of Madhya Pradesh on 5 February, 2024
Author: Pranay Verma
Bench: Pranay Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 5 th OF FEBRUARY, 2024
WRIT PETITION No. 1915 of 2019
BETWEEN:-
DR. (MRS.) SADHNA AWASTHI W/O SHRI SHAILESH
AWASTHI, AGED ABOUT 46 YEARS, OCCUPATION:
SERVICE 7/25, SADAR BAZAR, SAGAR (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI L. C. PATNE - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH PRINCIPAL
SECRETARY THROUGH PRINCIPAL SECRETARY
TO GOVT. OF MP, DEPARTMENT OF HIGHER
EDUCATION VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
2. THE COMMISSIONER HIGHER EDUCATION
DEPARTMENT GOVERNMENT OF M.P., SATPURA
BHAWAN, (MADHYA PRADESH)
3. THE SECRETARY PUBLIC SERVICE COMMISSION,
IN D OR E RESIDENCY AREA, INDORE (MADHYA
PRADESH)
4. MS. JYOTI CHOURASIA D/O N.M. OCCUPATION:
SELECTED CANDIDATE FOR THE POST OF
LIBRARIAN C/O COMMISSIONER OF HIGHER
EDUCATION GOVERNMENT OF M.P. SATPURA
BHAWAN (MADHYA PRADESH)
5. MS. JYOTI TAMRAKAR D/O N.M. OCCUPATION:
P.S.C. SELECTED CANDIDATE FOR THE POST OF
LIBRARIAN C/O COMMISSIONER OF HIGHER
EDUCATION GOVERNMENT OF M.P. SATPURA
BHAWAN (MADHYA PRADESH)
6. MS. PRATIBHA KURMI D/O N.M. OCCUPATION:
P.S.C. SELECTED CANDIDATE FOR THE POST OF
Signature Not Verified
Signed by: JYOTI
CHOURASIA
Signing time: 13-Feb-24
1:04:54 PM
2
LIBRARIAN C/O COMMISSIONER OF HIGHER
EDUCATION GOVERNMENT OF M.P. SATPURA
BHAWAN (MADHYA PRADESH)
7. MS. MEERA DEVI RAIKWAR D/O N.M.
OCCUPATION: P.S.C. SELECTED CANDIDATE FOR
THE POST OF LIBRARIAN C/O COMMISSIONER
OF HIGHER EDUCATION GOVERNMENT OF M.P.
SATPURA BHAWAN (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SHREY RAJ SAXENA - DY. ADVOCATE GENERAL
BY SHRI VINDHYAVASHINI PRASAD KHARE - ADVOCATE FOR
RESPONDENT NO.3)
This petition coming on for admission this day, th e court passed the
following:
ORDER
Heard.
Learned counsel for the petitioner submits that he does not wish to
file any rejoinder to the reply filed by the respondents. He further submits that
the case of the petitioner may be considered against those persons who have
not joined despite having been issued the appointment orders as has been
directed by this Court today in an identical petition bearing W.P. No.1834/2019.
2. Learned counsel for the respondent/State has submitted that the case
of the petitioner shall be decided in accordance with law.
3. In the aforesaid circumstances, it is directed that the case of the
petitioner for appointment be considered against the vacancy arising out of
those candidates who had been issued the appointment order on 06.12.2019 but
have not joined their duties by taking into consideration the decisions rendered
in the case of Sourabh Yadav vs. State of M.P. and others 2021(4) SCC 542
and Sadhna Singh Dangi and others v. Pinky Asathi and others 2022 (12)
SCC 401. It shall be open for the respondents to consider on the basis of the
aforesaid judgments as well as the applicable rules/circular as to whether the
petitioner can be given the appointment as is being sought for.
4. The entire exercise be completed within a period of four months'
from the date of receipt of certified copy of this order by passing a reasoned
and a speaking order.
5. It is made clear that this Court has not expressed any opinion on
merits.
6. With the aforesaid directions, the petition stands disposed off.
(PRANAY VERMA)
JUDGE
jyoti
