Vishal Soni vs Mppsc And Others

The petitioner has filed the present petition seeking direction to the respondents to appoint him to the post of Dy. Superintendent of Police. The petitioner was in waiting list. Since, the selected candidates did not join within the validity of selection, therefore, right is accrued in favour of the petitioner. The name of the petitioner was sent by the MPPSC to the State Government and when the appointment order was not issued, the petitioner has filed the present petition.

Counsel for both the parties have jointly submit that an identical issue has been decided by this Court in WP No.1621/2019 vide order dated 06.08.2019.

Order dated 06.08.2019 passed in WP no.1621/2019 (Shikha Bhalawi vs. MPPSC & Others) is reproduced below:

"The petitioner before this Court has filed this present petition claiming appointment to the post of Deputy Superintendent of Police. The petitioner's contention is that she is a member of scheduled tribe and in response to an advertisement issued by the Public Service Commission on 24.12.2014, she participated in the examination and was declared successful. Her name was placed at Sr. No.19 of the waiting list/supplementary list. As per category wise waiting list, the petitioner was placed at serial No.5 of the waiting list.

Petitioner has stated that a letter was issued by the Under Secretary, Home Department informing her that she has been selected for the post of Deputy Superintendent of Police and vide the aforesaid letter, she was directed to produced the original certificates and to submit police verification form.

The petitioner submitted the requisite documents on 09.05.2018 and the police verification process was also over, however, to the utter surprise of the petitioner, no final order of appointment was issued and in those circumstances, the petitioner has approached this Court.

In spite of repeated opportunities, no reply has been filed by the State Government and on 09.04.2019, the matter was listed before the Principal Registrar and there was no appearance on behalf of the State Government. Again, the matter was listed before the Principal Registrar on 26.04.2019 but, no body appeared on behalf of the State Government and then the Principal Registrar directed listing of the matter before this Court by treating the matter as ripe for final hearing.

The matter was listed on 13.05.2019 and the State Government was granted time by this Court to file a reply, however, no reply was filed by the State Government in the matter. The matter was again listed before the Principal Registrar on 28.06.2019 and again, time was granted to the State Government to file a reply but, no reply was filed. Thereafter, the matter was listed before the Principal Registrar on 16.07.2019 and right to file reply was closed and the matter was listed before this Court. Today also, there is no reply.

A detailed and exhaustive reply has been filed by the Public Service Commission. The Public Service Commission in its reply has stated that the examination took place in the year 2014 and the result of the examination was declared on 28.11.2016 and petitioner secured 19th position under the scheduled tribe category waiting list / supplementary list.

The Public Service Commission on an affidavit has further stated that later on, as vacancy arose, State Government vide order dated 07.05.2018 appointed the petitioner on the post of Deputy Superintendent of Police and started verification process.

It has been further stated that the home department, in fact, has sent a proposal vide letter dated 07.11.2017 to the respondent No.1/Public Service Commission for sending the name of the petitioner - Shikha Bhalawi from the waiting list and the Public Service Commission has recommended the name of the petitioner vide letter dated 27.12.2017. The Public Service Commission has stated that the validity of the waiting list was upto 13.06.2018. The Public Service Commission has also stated that General Administration Department has issued instructions in respect of validity period of waiting list and the time schedule fixed by the General Administration Department was to be adhered to by the Public Service Commission.

It has been stated that the Public Service Commission did forward the name of the petitioner in time and it is the State Government, who is responsible to issue an appointment order.

In the considered opinion of this Court, once Public Service Commission has forwarded the name of the petitioner in time to the State Government, the State Government much before the expiry of the validity of select list directed the petitioner to submit police verification form. There appears to be no justification in denying the appointment order to the petitioner specially when she has proved her worth.

In the considered opinion of this Court, as the petitioner was a meritorious candidate, she was at waiting list No.1 and her name was forwarded by the Public Service Commission, the State Government is left with no choice except to issue appointment order. The State Government is directed to issue appointment order in favour of the petitioner within a period of 30 days from today. It is made clear that the petitioner shall be entitled for all consequential benefits flowing out of this order except back-wages.

With the aforesaid, writ petition stands allowed."

The present petition is also disposed of.

The order dated 06.08.2019 passed in WP no.1621/2019 (Shikha Bhalawi vs. MPPSC & Others) shall apply mutatis mutandis in the present case also.

Cc as per rules.