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

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or post under the State Government. This rule lays down that a citizen of India or a subject of Sikkim
or a person of India origin who has migrated from Pakistan with intention of permanently settling down
in India or a subject of Nepal or of Portugese or French territory in India shall be eligible for appointment.
This rule shows clearly that any citizen of India is entitled to appointment to the service or post under
the State Government. The prohibition placed on candidates who have passed their Higher Secondary
or Graduate Degree examinations from institutions outside Madhya Pradesh whether they are bonafide
residents of Madhya Pradesh or not, is clearly violative of this rule. All such candidates who have
passed the said examinations from institutions outside Madhya Pradesh and who are citizens of India
are eligible for appointment to service/posts under the State Government. The applicant in the present
case is clearly a citizen of India and, therefore, he is entitled to be considered for appointment to the
service or post under the State Govt. The rejection of his candidature is, therefore dehors the said rule.
17. In view of the above discussion it is clear that condition No.4 of the advertisement notice as
well as Government order dated 2.12.1997 (Annexure A7) are clearly arbitrary, unreasonable and
discriminatory and violative of the equality provisions of Articles 14 and 16 of the Constitution and
hence they cannot be sustained. Therefore, they are both quashed and consequently the impugned
rejection of the applicant’s candidature vide letter dated 17.6.1998 of respondent No.2 (Annexure-
A1) is also quashed. Since the applicant has already taken the examination as per the interim direction
of the Tribunal his result may now be declared and based on such result further action as per the rules
shall now be taken by the respondents.
18. Public Service Commission has issued another advertisement for conducting the State Civil
Services Examinations for the next year 1999-2000 incorporating the same offending condition. This
condition too is quashed.
19. The respondents shall bear their own cost and shall pay those of the applicant amounting to
Rs.1,500/-.
Ordered accordingly.
Madhya Pradesh PSC
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