Jyoti Rane vs State of M.P. and others

Regard being had to the similar controversy involved in above cases, they have been heard analogously together with the consent of the parties

and a common order is being passed in the matter. Facts of WP No.16402/2017 are narrated as under:-

The petitioners before this court have filed this present petition being aggrieved by the Advertisement issued by the Madhya Pradesh

Professional Examination Board and the process of Recruitment conducted by the Examination Board in respect of Female Multipurpose Health

Worker also known as Auxiliary Nurse Midwife (A.N.M).

Learned counsel for the petitioners has straightaway drawn the attention of this court towards the advertisement issued by the respondents and

his contention is that the Recruitment is being done based upon the stationary provisions contained under the Madhya Pradesh Junior Service (Joint

Qualification) Examination Rules, 2013. His contention is that the Rules have been framed in exercise of Powers conferred under the proviso to

article 309 of the Constitution of India and there are statutory rules having a binding effect. He has drawn the attention of this court towards a

clause relating to grant of bonus marks/weightage and the same reads as under :-

VERNACULAR MATTER OMITTED

His contention is that maximum 10 marks can be granted to a candidates, who has served as Auxillary Nurse Midwife earlier and for every year

two marks are required to be given. Learned counsel for the State Government has not disputed the aforesaid provision and the learned counsel

for the Madhya Pradesh Professional Examination Board Mr Akash Sharma has also not disputed the aforesaid provision and their contention is

that this is the only provision which is governing the Recruitment process under the Recruitment Rules of 2013.

In light of the category admission on behalf of the counsel for the Madhya Pradesh Professional Examination Board and the State Government,

this court is of considered opinion that the Recruitment has to be in consonance with the Recruitment Rules governing the field and, therefore, not

more than ten marks can be awarded to any candidates in the process of Recruitment.

Learned counsel for the petitioners has drawn the attention of this court towards the result of another candidate (Annexure-P-4) and his

contention is that a candidate has been given twenty marks.

Learned counsel for the State has drawn the attention of this court towards some note sheet which is Annexure-R-6. In the considered opinion

of this court the note sheets are certainly not the statutory Recruitment Rules and if such type of practice is allowed to be permitted, the State

Government in each and every case on the basis of note sheet will start amending the Recruitment Rules and, therefore, only upto ten maximum

marks can be granted to a candidates as statutory Recruitment Rules provides only for grant of ten marks.

Resultantly, the writ petition stands allowed. The Madhya Pradesh Professional Examination Board is directed to review the entire result by

awarding maximum ten marks (by granting two marks for one year experience ). The exercise of reviewing the entire result be concluded positively

within a period of thirty days from the date of receipt of certified copy of this order. The consequential appointment orders be issued based upon

the revision done by the Madhya Pradesh Professional Examination Board. No order as to costs. Certified copy as per rules.