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

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1407 of 88 (Bhanvarlal V. M.P. Public Service Commission, Indore and State of M.P.) All these
Petitions are directed against the Madhya Pradesh Public Service Commission.
2. The grievance of the petitioners, in all these petitions, is that the petitioners though qualified to
be appointed as Labour Judge in the M.P. Labour Judiciary Service they have not been called for
interview by the Public Service Commission. The yardstick adopted by the Public Service Commission
is discriminatory arbitrary and capricious. Therefore, all the petitioners have prayed that M.P. Public
Service Commission be directed to call the petitioners for interview for recruitment as Presiding Officer,
Labour Court in the M.P. Labour Judicial Service of the State.
3. It is a common ground that the M.P. Public Service Commission issued a public notice for
recruitment of candidates to the post of Presiding Officers of Labour Courts constituted under the
provisions of S.8 of the M.P. Industrial Relations Act 1968 (hereinafter called the Act). The qualification
for being appointed as a Presiding Officer to the Labour Court is enumerated in S.8(3) of the Act,
according to which a person who has held any judicial office in India for not less than three years, or
has held any office in the Labour Department not below the rank of a Labour Officer for a period of
not less than five years and is a law graduate, or has practised as an Advocate or a pleader in Madhya
Pradesh for a total period of not less than five yeas, or is or has been a Presiding Officer of a Labour
Court Constituted under any law is eligible to be appointed to that post. The advertisement
issued for recruitment by the Public Service Commission has specified the number of posts which are
likely to be filled up. The qualifications for appearing at the interview to be held for selection for the
post of Presiding Officer Labour Court, were also reproduced in the advertisement, which are in
accordance with S.8(3) of the Act. The age of the candidates has also been specified in the advertisement
according to which the candidate should be minimum of 25 years of age and not more than 35 years
of age on 1.1.1980.
Madhya Pradesh PSC
4. In response to the above said advertisement all the petitioners submitted applications to the
Public Service Commission for appointment to the post of Presiding Officer. The Public Service
Commission did not call the present petitioners for interview. Therefore, they have filed these petitions.
5. According to the petitioner in M.P.No.1366 of 88 (Navnit Kumar) he fulfills all the qualification
prescribed by the law and the Rules for being appointed as a Presiding Officer of the Labour Department.
He is 32 years of age, has passed B.Com, LL.B. and a practising Advocate since 13 th November