Research › Search › Judgment

Madhya Pradesh High Court · body

2014 DIGILAW 113 (MP)

A. S. Sisodiya v. State of MP

2014-01-23

R.S.JHA

body2014
Judgment R.S. Jha, J:- Heard on the question of admission. The petitioner has filed this petition praying for a direction to the respondent no.2 to issue a fresh merit list for appointment on the post of Inspector/Subedar/Sub-Inspector SB/Platoon Commander pursuant to the selection procedure undertaken by them. It is submitted by the learned senior counsel for the petitioner that the respondent no.2 had undertaken the Police Recruitment Test in the year 2012 in respect of which there were several complaints and, therefore, the Special Task Force is conducting an enquiry in the matter and has lodged a first information report against several persons including the officers and candidates. It is submitted that on account of the aforesaid, the result has not been declared and, therefore, the respondent authorities be directed to either declare the result or to cancel the selection and initiate fresh proceedings for the same. 2. Having heard the learned counsel for the petitioner, it is observed that the respondent no.2 is only an agency which is engaged for the purpose of conducting the selection process. The decision to cancel a selection or to proceed with the same lies with the appointing authority i.e. respondent no.1 State, but the petitioner has not approached any authority of the State for taking any decision in the matter and the State has not applied its mind to this aspect on account of criminal proceedings initiated against several persons in the selection. In the circumstances, the appropriate remedy of the petitioner is to approach the respondent no.1 by filing a representation in this regard and to enable them to apply their mind to all the facts and facets of the case and take a decision in the matter. 3. In view of the aforesaid, the petition, filed by the petitioner is disposed of with a direction to the effect that in case the petitioner approaches the respondent no.1 by filing a representation within fifteen days from today alongwith a copy of the order passed today and a copy of the petition, the concerned authority shall consider and decide the same as early as possible in accordance with law. It is made clear that this Court has not expressed any opinion on the merits of the case and, therefore, the authorities would be at liberty to consider and decide the petitioner's representation in accordance with law and thereafter either accept or reject the same by passing a reasoned order. 4. With the aforesaid direction the petition, filed by the petitioner stands disposed of.