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

2. The applicant’s contention is that he was born at Sagar on 11.9.1974 and that he studied in
Madhya Pradesh upto VI class. However, since his father was a Police Officer he was transferred out
of State and therefore, he could not prosecute his studies in Madhya Pradesh but had to pursue his
studies outside Madhya Pradesh. He passed the All India Secondary School Examination, that is the
X class from the Central School Agartala in the year 1989, the Central Board of Secondary Education
Examination of the XII class from Delhi Public School in Delhi in 1991 and thereafter he graduated
from the Delhi University in the year 1994. He has, therefore, contended that he has right to secure
public employment in Madhya Pradesh and if he is not allowed to do so he would suffer irreparable
loss and further that the direction of the State Government contained in the aforesaid circular dated
2.12.1997 – copy placed at Annexure-A7, is unfair, illegal and against the principles of natural justice.
It is also aggrieved by him that the order placed at Annexure-A1 of the Public Service Commission
rejecting his candidature is arbitrary, illegal and violative of Articles 14, 16 and 21 of the Constitution.
He has, therefore, prayed that the impugned order dated 17.6.1998 (Annexure-A1) be quashed and
that the respondents be directed to permit him to participate in the examination. The applicant has
also made a contention which is not based on record that the advertisement notice does not contain a
condition that a candidate should have passed the Higher Secondary examination or obtained the
Graduate Degree from school/college in Madhya Pradesh and that the condition relating to observance
of the direction contained in Government letter dated 2.12.1997 (Annexure-A7) was not mentioned
in the advertisement and therefore, the respondent No.2 cannot back track and reject his candidature.
A perusal of the advertisement shows clearly that the said condition was incorporated and a reference
was also made to Government order dated 2.12.1997. The applicant has apparently mis-read condition
No.4 of the advertisement notice. Therefore, the only objection which remains to be considered is
whether he has a right to serve in the State and whether the candidature has been rejected in an unfair
and illegal manner and whether the impugned order is arbitrary and violative of the constitutional
provisions.
Madhya Pradesh PSC
3. No return has been filed by the respondent State although sufficient time and opportunity was
granted to it. Respondent No.2 has filed the return, the refrain of which is that it has acted strictly in
accordance with the directions of the State Government contained to their letter dated 2.12.1997
(Annexure A7) and also in accordance with condition No.4 of the advertisement notice. According to
this respondent the condition No.4 has been uniformally applied to all similarly situated candidates.
4. Condition No.4 of the advertisement notice based upon Government Circular dated 2.12.1997
creates a differentiation between two sets of candidates – one category being of those candidates who
717