Research › Search › Judgment

Madhya Pradesh High Court · body

2011 DIGILAW 760 (MP)

Virendra Kumar Hajari v. State of M. P.

2011-07-12

K.K.TRIVEDI

body2011
JUDGMENT K.K. Trivedi, J. 1. Heard finally. It is stated by the learned Counsel for the petitioner that the controversy involved in the present writ petition is squarely covered by a decision of this Court in Writ Petition No. 8938/2009 (S), which has been finally decided on 28.9.2010. 2. This Court in the aforesaid petition has came to the conclusion that because of inter-district transfer/shifting of a candidate for giving appointment to the persons on the post of Forest Guard, on the basis of result of Limited State Level Examination and after making a merit list at district level, the meritorious candidates have been denied the appointment and less meritorious persons have been appointed. It is also stated that the order passed in the aforesaid writ petition was called in question by the State in Writ Appeal No. 344/2011, which came up for hearing on 20.6.2011. The Division Bench of this Court has taken note of the policy decision dated 1.10.2010 and has categorically held that the stand taken by the State cannot be accepted nor the policy decision dated 1.10.2010 could be made applicable to a selection which was admittedly completed before the aforesaid policy decision taken by the State Government. The writ appeal has been dismissed affirming the decision of the. Single Bench of this Court. 3. In view of this, the order passed by this Court in Writ Petition No. 8938/09(S) is squarely applicable in the present case and, therefore, this writ petition is allowed and disposed of in terms of the order passed by this Court in the aforesaid writ petition in the following manner as is indicated in paragraph 9 of the order dated 28.9.2010: Accordingly, finding respondents to be have arbitrarily and illegally rejected the claim of petitioners on improper and unsustainable grounds this petition is allowed. Respondents are directed to grant appointment to the petitioner in an appropriate circle or district in accordance to their merit within fifteen days from the date of receipt of certified copy of this order and permit them to join duties in accordance to the same. Necessary action be done and orders passed within the period stipulated hereinabove. 4. With the aforesaid, the writ petition stands allowed and disposed of.