JUDGMENT

PRAFULLA C. PANT, J.

1. This appeal is directed against the judgment and order dated 6th January, 2006 passed by the High Court of Madhya Pradesh in Writ Petition No. 542 of 2004 whereby the writ petition has been allowed, and the writ petitioner is directed to be reinstated in service. It is further directed by the High Court that the appellant may consider to impose the penalty against the present respondent as was awarded in the case of Daluram Patidar, another employee of the appellant-Corporation.

2. Brief facts of the case are that Senior Divisional Manager of Life Insurance Corporation of India, at Shahdol in order to recruit peons (sub-staff) invited applications from the qualified candidates through Employment Exchange. Pursuant to that, respondent -Triveni Sharan Mishra submitted his application. As per the qualification prescribed by the appellant, a candidate was required to have passed Standard IX, but the candidates who have passed Standard XII and have secured 50% or more marks, Graduates or Post-graduates were not to be considered for the post. The respondent (writ petitioner) in his application (Annexure P-3) for the above post mentioned his qualification