S.B.SINHA, DALVEER BHANDARI
Rashmi Mishra – Appellant
Versus
M. P. Public Service Commission – Respondent
1. Leave granted.
2. The principal question raised before us in this appeal is the validity/ legality of the selection process involved in selecting Assistant Registrars, Class II gazetted post.
3. Appellant is holder of a post-graduate degree. She had also done B.Ed. and was having 7 years' teaching experience. The 1st respondent Public Service Commission issued an advertisement on or about 24.7.2003 for recruitment to the post of Assistant Registrar in the State University of Madhya Pradesh. The Commission was called upon by the State to fill up 17 posts, the essential qualifications wherefor are stated to be as under:
"C. Essential Qualifications: The postgraduate degree from the any recognized University in minimum of the IInd Class or its equivalent degree.
Requirement : The work experience on the post of Teaching/ Administrative post."
4. It was stated that the essential qualifications stipulated in the advertisement were the minimum.
5. The State of Madhya Pradesh, in exercise of its power conferred upon it by sub-section (2) of section 15A of the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973 made rules known as Madhya Pradesh State University Service Rules, 1982 (for short,
1. Ajay Hasia v. Khalid Mujib Sehravardi = [(1981)1 SCC 722]
2. Ashok Kumar Yadav and others etc. v. State of Haryana and others etc. = [(1985)4 SCC 417]
3. Prabodh Verma and others v. State of Uttar Pradesh and others = [(1984)4 SCC 251]
6. Nishi Maghu case = [( 1980)4 SCC 95]
8. Jaswinder Singh and others v. State of Jammu & Kashmir and others = [(2003)2 SCC 132]
9. Vijay Syal and another v. State of Punjab and others = [(2003)9 SCC 401]
12. Munindra Kumar and others v. Rajiv Govil and others = [AIR 1991 SC 1607]
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