Research › Search › Judgment

Madhya Pradesh High Court · body

2010 DIGILAW 433 (MP)

Sanjeev Kumar Batham v. State of M. P.

2010-04-15

S.C.SHARMA

body2010
ORDER 1. The petitioners before this Court have filed this present petition being aggrieved by rejecting of their candidatures for the post of Principal Class- I and Class-II. 2. The contention of the petitioners are that they are holding the Bachelor of Engineering Degree in subject of Computer Science and they are serving the Government Industrial Training Institute, Gwalior, Morena and Khaniyadhana respectively. The petitioners have further stated that the appointment to the post of Principal Class-I and Class-II are done in the State of Madhya Pradesh in respect of Industrial Training Institute as per the provisions of Recruitment Rules known as Madhya Pradesh Industrial Training Gazetted) Services Recruitment Rules, 2008 and under the aforesaid Rules the essential qualification prescribed is a Degree in Engineering from any recognized University and two years' practical experience of working in any training institute or reputed business concern. The petitioners' contention is that they are holding a degree in Engineering from Rajiv Gandhi Proudhyogiki Vishwavidyalaya, Bhopal, which is a recognized University and are also having two years practical experience to their credit and therefore they are entitled for consideration for appointment of the post of Principal Class-I and Class-II. The petitioners have also stated that an advertisement was issued by the Madhya Pradesh Public Service Commission on 16.2.2009 inviting applications for Principal Class-I and Class-II and the petitioners have submitted their applications in a prescribed formate. The petitioners' grievance is that their applications have been turned down vide impugned orders dated 6th October, 2009, Annexures P/9 and P/11 on the ground that they have not fulfilled the requisite essential qualification. The petitioner's grievance is that they are fulfilling the requisite essential qualification and therefore by no stretch of imagination such an order could have been passed by the respondent/Public Service Commission. The petitioners have also stated that one Ku. Jyoti Paste also holds a Bachelor Degree in Engineering in Computer Science, however, her candidature has not been rejected by the respondent/Public Service Commission. 3. A reply has been filed on behalf of the respondent/Public Service Commission and stand of the respondent/Public Service Commission is that the petitioners have obtained a B.E. degree with specialization in Computer Science and, therefore they are not eligible for the post of Principal Class-I and Class-II. 3. A reply has been filed on behalf of the respondent/Public Service Commission and stand of the respondent/Public Service Commission is that the petitioners have obtained a B.E. degree with specialization in Computer Science and, therefore they are not eligible for the post of Principal Class-I and Class-II. The respondents have also stated that in respect of post in question a requisition was sent to the Madhya Pradesh Public Service Commission on 9.5.2003 and the Commission sought clarification from the Technical Education Training Department vide communication dated 16.12.2003 and the State Government vide Communication dated 19.1.2004 has clarified that is per the Recruitment Rules, a person should have a Bachelor Degree in Engineering with specialization in Electrical, Mechanical, Civil and Electronics. The respondent/Commission has further stated that as per the clarification issued by the State Government, an advertisement was issued on 16.2.2009 and as the petitioners are having a Bachelor of Engineering Degree with specialization in Computer Science were not permitted to participate in the process of selection. The respondent/ Commission in its return is silent in respect of Ku. Jyoti Paste. The respondent/ Commission has made an attempt to justify its advertisement only on the basis of communication of the State Government dated 19.1.2004. The learned counsel appearing for the respondent/Commission has also stated before this Court that during the pendency of the present petition a written test was conducted and persons have also been called for interviews and the interviews are also over, however, the result has not been declared, meaning thereby, the process of selection is yet to be completed by the respondent/Public Service Commission. 4. Heard learned counsel for the parties at length and perused the record. 5. In the present case, the petitioner No.1 and No.2 have acquired the qualification of Bachelor in Engineering (Computer Science Engineering) from Rajiv Gandhi Proudyogiki Vishwavidyalaya, Bhopal and the petitioner No.3 has acquired the qualification of Bachelor in Engineering (Computer Science Engineering) from Devi Ahilya Vishwavidyalayas, Indore. Thus, all the three petitioners have obtained a degree of Bachelor of Engineering (Computer Science Engineering) from a recognized university. 6. Thus, all the three petitioners have obtained a degree of Bachelor of Engineering (Computer Science Engineering) from a recognized university. 6. The Governor of Madhya Pradesh in exercise of powers conferred under the proviso to Article 309 of the Constitution of India has framed Rules relating to recruitment and conditions of service for the post of Principals of Madhya Pradesh Industrial Training known as Madhya Pradesh Industrial Training (Gazetted) Services Recruitment Rules, 2008 and the aforesaid Rules provide for a procedure in respect of appointment of the post of Principal Class-I and Class-II. Schedule III of the aforesaid Recruitment Rules read with Rule 8 reads as under - SCHEDULE - III (See rule 8) Essential Qualification and age limit Name of the Name of the Minimum Upper Prescribed Remark Department Service Age Age Qualification Posts limit limit (1) (2) (3) (4) (5) (6) Technical 1. Principal 25 35. Essential Qualification Education & Class- I A Degree in Engineering Training from any Recognized University (Directorate of OR Training) A Diploma in Engineering from any Recognized University or Mandal or Board. Experience For Degree Holder-2 years practical experience of working in any Training Institute or any reputed business concern. For Diploma Holder-7 years practical experience of working in any Training Institute or any reputed business concern. 1. Principal 25 35. Essential Qualification Class – II A Degree in Engineering from any Recognized University OR A Diploma in Engineering from any Recognized University or Mandal or Board Experience For Diploma Holder-5 years practical experience of working in any Training Institute or any reputed business concern. The aforesaid statutory provisions of law provide that a candidate should have a degree in Engineering from any recognized University. It also provides for two years' practical experience of working in any Training Institute or any reputed business concern. All the three petitioners are having a degree in Engineering from a recognized University and they are having the experience also as provided under the statutory Rules as they are employed at Government Industrial Training Institute, Gwalior, Morena and Khaniyadhana respectively. 7. The respondent/Public Service Commission has made an attempt before this Court to justify its advertisement on the basis of some communication issued in the year 2004 vintage. The aforesaid communication is dated 19.1.2004, wheras, the Recruitment Rules were notified in the official Gazette on 8th June, 2009. 7. The respondent/Public Service Commission has made an attempt before this Court to justify its advertisement on the basis of some communication issued in the year 2004 vintage. The aforesaid communication is dated 19.1.2004, wheras, the Recruitment Rules were notified in the official Gazette on 8th June, 2009. The Recruitment Rules does not exclude the persons who have obtained a degree in Engineering in Computer Science and therefore, the advertisement issued by respondent/Public Service Commission which debars persons to submit their candidatures in case they have obtained a degree in Engineering in Computer Science specialization is certainly bad in law. Not only this the aforesaid advertisement places a restriction upon all those persons who have obtained. Bachelor degree in Engineering with specialization in any other discipline and permits only those persons to apply for the post of Class-I and Class-II, who have obtained an Engineering degree in discipline of Electrical, Mechnical, Civil and Electronics. Thus, the advertisement itself issued by the respondent/Commission is contrary to the statutory provisions of Madhya Pradesh Industrial Training (Gazetted) Services Recruitment Rules, 2008 and therefore, the consequential rejection of the petitioner's candidatures vide impugned order dated 6th October, 2009 is bad in law. 8. The apex Court in the case of General Manager, Uttaranchal, Jal Sansthan v. Laxmi Devi and others reported in (2009) 7 SCC 205 has held that the executive instructions cannot run contrary to the statutory provisions. A similar view was also expressed by the apex Court in the case of DDA and others v. Joginer S. Monga and others reported in (2004) 2 SCC 297 , wherein, the apex Court has held that in case where a conflict has arisen between a statute and an executive instruction un-disputably the former will prevail over the latter and, therefore, this Court is of the considered opinion that the executive instructions issued by the State Government to the Public Service Commission cannot supersede the statutory Recruitment Rules. 9. Resultantly, the writ petition is allowed. As the respondent/Public Service Commission has not concluded the process of selection and large number of candidates were deprived to participate on account of illegal and arbitrary condition imposed in the advertisement, the advertisement, issued by the Madhya Pradesh Public Service Commission dated 16.2.2009 is hereby quashed. The consequential rejection of the petitioners' candidatures dated 6th October, 2009 is also hereby quashed. The consequential rejection of the petitioners' candidatures dated 6th October, 2009 is also hereby quashed. The respondent/Public Service Commission is granted a liberty in issue a fresh advertisement strictly in consequence with the provisions of the Madhya Pradesh Industrial Training (Gazetted) Services Recruitment Rules, 2008. The writ petition is allowed with the following directions :- (a) The impugned advertisement dated 16.2.2009 is hereby quashed. (b) The order dated 6th October, 2009 rejecting the candidatures of the petitioners is also hereby quashed. (c) The respondent/Public Service Commission is directed to issue a fresh advertisement strictly in consonance with the provisions of Madhya Pradesh Industrial Training (Gazetted) Services Recruitment Rules, 2008 after deleting the illegal and arbitrary condition, by which, only the persons belonging to Electrical, Mechanical, Civil and Electronics discipline are held to be entitled for the post of Principal Class-I and Class-II, within a period of 60 days from the date of receipt of a certified copy of this order. 10. With the aforesaid, the writ petition stands allowed. No order as to costs.