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2021 Supreme(SC) 839

D.Y.CHANDRACHUD, A.S.BOPANNA
Madhya Pradesh Public Service Commission – Appellant
Versus
Manish Bakawale – Respondent


Advocates appeared:
For the Appellant(s) :Harsh Pathak, Shaveta Mahajan, Mohit Choubey, Siddhartha Shukla, Advocates
For the Respondent(s):Pawan Reley, Ankit Mishra, Akshay Lodhi, Sajal Awasthi, Mohan Singh, Ankit Chaudhary, Vishakha Deshwal, Arun Singh, Vinod Sharma, Advocates

JUDGMENT :

A.S. BOPANNA, J.

1. The appellant-Madhya Pradesh Public Service Commission is assailing the order dated 08.11.2019 passed by the High Court of Madhya Pradesh in W.A. No. 474 of 2019. Through the said order the learned Division Bench of the High Court has dismissed the intra-court appeal filed by the appellant herein. In doing so, the learned Division Bench has affirmed the order dated 03.01.2019 passed by the learned Single Judge of that Court in W.P. No. 20855 of 2017. The learned Single Judge, had thereby allowed the writ petition and directed the respondents in the writ petition, which included the appellant herein to consider the case of respondent No. 1 herein for appointment on the post of the Chief Municipal Officer (‘CMO’ for short) Grade-Kh, Assistant Director or any other post mentioned by the respondent No. 1 in his preference letter.

2. The facts in a nutshell are that the appellant issued an advertisement No. 2 dated 17.03.2016 inviting online application from eligible candidates for the State Service Examination 2016 for the various category of posts under

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