Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

676
Madhya Pradesh PSC
ORDER
This order shall also govern the disposal of M.P.No.1408 of 1983 [Dr.N.Subedar & Others Vs.
State of M.P. & Others] which raises an identical question for consideration of this Court on similar facts.
2. The petitioners are lecturers in Gynecology and Obstetrics at G.R. Medical College, Gwalior
and M.C. Medical College, Indore and feel aggrieved by the appointment of respondent No.3 as a
Reader in Obstetrics and Gynecology by order dated 4 th April, 1983 and seek a writ of certiorari for
quashing the same by filing this petition under Article 226 of the Constitution of India. This very order
is also impugned in Misc. Petition No.1408 of 1985.
3. It is not disputed that the matter of appointment of Reader in Obstetrics and Gynecology in
State Medical College is governed by the M.P. Health (Gazetted) Service Recruitment Rules, 1967
(hereinafter referred to as ‘the Rules’). It appears that on 18.12.1980 an advertisement was issued
by the respondent Public Service Commission (Annexure P-2) inviting applications from eligible
candidates for appointment of 5 Readers in Obstetrics and Gynecology in different Medical Colleges
in the State. In pursuance of this advertisement several candidates including respondent no.3 submitted
their applications and seek interview before the respondent Public Service Commission. The
respondent Public Service Commission sent a list of candidates to the respondent State who had
successfully competed for the appointment and whose names appeared in the select list prepared on
merit. The respondent No.3 was not included in the said list. After receiving the said list the respondent
State Government by order dated 29.3.1982 (Annexure P-3) appointed all 5 of them against 5 posts
for which the advertisement had been issued. The petitioners do not have any grievance against the
selection and appointment of these 5 persons and that is the reason why these appointees are not
made parties to these petitions. It however appears that one Dr.Saxena who was working as Reader
in Gynecology and Obstetrics had been promoted as a Professor in the month of August, 1981 and
the post of Reader occupied by him was likely to be vacated. Dr. Saxena, however, did not join his
assignment as Professor, until 29.3.1982 when the post of Reader occupied by him also became
available. It is not disputed that the respodnent Sate thereafter requested the respondent Public Service
Commission on 15.5.1982 to send name from the reserve list for appointment against the vacancy
caused due to promotion of Dr. Saxena. The Public Service Commission vide its communication
dated 31.5.1982 (Annexure R-3) sent the name of respondent No.3. On receipt of her name by the