Madhya Pradesh High Court
Mrs. Raksha Kaneria vs Higher Education Department 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. 3523 of 2019
BETWEEN:-
MRS. RAKSHA KANERIA D/O SHRO GOPAL SINGH
KANERIA, AGED ABOUT 35 YEARS, OCCUPATION:
SERVICE, LIBRARIAN (GUEST FACULTY) IN GOVT.
COLLEGE, BADARWAS D-290, SCHEME NO. 51, NEAR
SANGAM NAGAR, INDORE (MADHYA PRADESH)
.....PETITIONER
(BY SHRI L. C. PATNE - ADVOCATE)
AND
1. HIGHER EDUCATION DEPARTMENT PRINCIPAL
SECRETARY VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
2. COMMISSIONER DEPARTMENT OF HIGHER
EDUCATION, GOVT. OF M.P.SATPURA BHAWAN
(MADHYA PRADESH)
3. THROUGH ITS SECRETARY M.P. PUBLIC SERVICE
C O M M I S S I O N RESIDENCY AREA, INDORE
(MADHYA PRADESH)
4. MS. JYOTI CHOURSIA, (ROLL NO. 1000203), P.S.C.
SELECTED CANDIDATE FOR THE POST OF
LIBRARIAN, C/O COM M IS S ION ER , HIGHER
EDUCATION, GOVT. OF M.P. SATPURA BHAWAN,
(MADHYA PRADESH)
5. MS. JYOTI TAMRAKAR (ROLL NO. 1000077), P.S.C.
SELECTED CANDIDATE FOR THE POST OF
LIBRARIAN, C/O COM M IS S ION ER , HIGHER
EDUCATION, GOVT. OF M.P. SATPURA BHAWAN,
(MADHYA PRADESH)
6. MS. PRATIBHA KURMI, (ROLL NO. 1000064), P.S.C.
SELECTED CANDIDATE FOR THE POST OF
LIBRARIAN, C/O COM M IS S ION ER , HIGHER
Signature Not Verified
Signed by: JYOTI
CHOURASIA
Signing time: 13-Feb-24
1:04:54 PM
2
EDUCATION, GOVT. OF M.P. SATPURA BHAWAN,
(MADHYA PRADESH)
7. MS. MEERA DEVI RAIKWAR (ROLL NO. 1000401),
P.S.C. SELECTED CANDIDATE FOR THE POST OF
LIBRARIAN, C/O COM M IS S ION ER , HIGHER
EDUCATION, GOVT. OF M.P. SATPURA BHAWAN,
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SHREY RAJ SAXENA - DEPUTY 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
