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

conditions of the advertisement. Instead he was governed by the condition of his appointment letter
itself. The refusal by the P.S.C. to call him for interview by letter dt. 6.6.1987 (Ann.P-5) was,
therefore, illegal and it resulted in denial of opportunity to get himself selected by the P.S.C.
8. In view of the foregoing discussion, it must be held that the applicant fulfilled the condition
imposed on him by appointment letter (Ann.R-2) by submitting the application for appointment as
Reader. The refusal to call him for interview was an illegality committed by the P.S.C. The applicant
cannot be blamed for his non-selection by the P.S.C. On the basis of such non-selection by the P.S.C.
alone, the State Govt. could not revert him to his substantive post of Lecturer. The applicant is
working as Reader albeit on ad hoc basis since 1979, without any complaint whatsoever. Considering
all these, a direction must be issued to the State Government to constitute a Committee in consultation
with the P.S.C. within three months of the receipt of this order to screen him for the post of reader
(dosh dhatu mal) and if found suitable to treat him Reader (dosh dhatu mal) from such date it may
deem proper.
9. The next question for consideration is whether a direction ought to be issued to the State
Govt. to issue appointment order in favour of the intervener Dr. (Smt.) Leela Pandey. The P.S.C.
selected and put her name at Sl.No.1 in the merit list. By letter dt. 30.6.93 (Doc.No.2) the Under
Secretary, Public Health & Family Welfare Department addressed a Memo to Secretary P.S.C. Indore
requesting him to extend the validity of the select list. There is no material on record to show whether
the request was acceded to or refused. Since she was duly selected and was placed at Sl.No.1 in the
select list and one post of Reader in doshdhatumal has already fallen vacant she cannot be denied the
appointment on account of the delay which was not occasioned by her. She cannot be made to suffer
for the mistake committed either by the P.S.C. or by the State Government. Therefore, a direction
must be issued to the State Govt. to issue promotion order to her within one month of the receipt of
this order, if necessary by extending the validity of the select list and by relaxing the age bar etc. if any.
She will be assigned seniority on the post of Reader without any monitory benefit from the same date
on which the State Govt. would have issued the appointment letter to her in the normal course in the
year 1990, had there been no stay order by the Tribunal. The second post is lying vacant in Ayurvedic
College, Jabalpur in consequence of superannuation of the Reader in doshdhatumal.
10. The applications filed by the applicant and the intervener are allowed to the extent indicated
above. No order as to costs.
Madhya Pradesh PSC
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