Khuman Singh Bechain vs State of M.P. and others

Heard. This PIL has been filed by the petitioner for the following reliefs:-

A. The respondents may kindly be directed to take necessary steps for grant of relaxation in qualifying marks from 40 to 33 to the SC/ST category candidates in the limited competitive examination held for the year 2006-07 for filing of the post of excise sub inspector and thereafter, promote all the persons who may qualify after such relaxation with retrospective effect with all consequential benefits including arrears of salary and seniority etc.

B. That, the respondents may kindly be directed to not fill up the 22 backlog vacancies belonging to SC/ST category of Sub Inspectors in the Excise Department on the recommendations of MPPSC.

C. Any order appropriate writ, order or direction which the Hon''ble court may deem just and proper in the nature and circumstances of the case.

D. That, the circumstances of the entire matter reveals that the petitioner is being harassed in such a way.

This court directed the respondents/State to seek instructions in the matter. Reply has been filed by the respondents No. 1 to 3. In the preliminary submissions of the reply, it is submitted that a competitive examination was held for the purpose of selection to the post of Dy. Inspector Excise on 27.7.2008 and the result of the selected candidates has also been declared. Thereafter, another examination was held for selection to the post of Dy. Inspector for candidates belonging to SC and ST and the selection list has already been published. A copy of the order in this regard has been filed as Annexure R/1 alongwith reply.

The petitioner prayed a relief in this petition that the qualifying criteria in regard to SC/ST category candidates of limited competitive examination held in the year 2006-07 be reduced from 40 to 33 marks.

In our opinion, the said relief can not be granted by this court in this PIL.

Hon''ble Supreme Court in the case of P. Seshadri Vs. S. Mangati Gopal Reddy and Others, held that in service matters the public interest litigation is not maintainable. The same principle has been reiterated by the Hon''ble Supreme Court in the case of Girjesh Shrivastava and Others Vs. State of M.P. and Others, . In this view of the matter, in our opinion, this PIL is not maintainable. It is hereby dismissed. No order as to costs.