Pushpinder Kumar Tripathi vs State of M.P. and others

These matters were heard finally at motion stage. The learned counsel for the petitioners contended that the rejection of candidature of the petitioners on the ground that they have not passed the relevant examination from Board of Secondary Education, Madhya Pradesh, is bad in law.

Learned counsel for the petitioners placed reliance on 2006 (3) MPLJ 53 (State of M.P. Vs. Ritesh Kumar Sharma and others) to contend that such condition is arbitrary.

Prayer is opposed by other side.

However, on careful scrutiny of the matter, it is found that the petitioners have not challenged the said condition mentioned in the advertisement. This condition became reason for rejection of candidature. In Ritesh Kumar Sharma (supra), the condition of advertisement was challenged before the Tribunal. The decision of Tribunal was challenged before this Court.

In view of the decision of the Apex Court in Prakash Chandra Meena Vs. State of Rajasthan, 2015 (8) SCC 484 (para 9) and Richa Mishra Vs. State of Chhattisgarh, 2016 (4) SCC 179 (para 20), I deem it proper and in the interest of justice to permit the petitioners to examine this aspect and if necessary file appropriate applications for strengthening the pleadings/relief.

Accordingly, these matters are released.

List for further consideration after a week.