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2009 Supreme(MP) 989

HIGH COURT OF MADHYA PRADESH
Before Mr. Justice Dipak Misra and Mr. Justice R.K. Gupta
NEELESH SHUKLA
Versus
STATE OF MP
W.P. No.8419/2009 Of
Decided On : Oct 05,2009

Advocates Appeared:
V.K.Shukla, Deependra Mishra, Deepak Awasthy, Avinash Zargar

Judgment

Dipak Misra, J.

( 1. ) Regard being had to the commonality of controversy involved in this batch of writ petitions, it was heard analogously and is disposed of by a singular order. For the sake of convenience the facts in W.P.No.8419/2009 are uncurtained herein.

( 2. ) The M.P. Professional Examination Board (VYAPAM) issued an advertisement on 5-6-2008 inviting applications for appointment of "patwaris in respect of 2194 posts. The advertisement postulated the requisite qualifications meant for Patwaris Examination. It provided number of posts to be filled up district-wise and relaxation to be extended as regards the age as per the General Administration Department and the selection process, domicile certificate, registration in the Employment Exchange and various other aspects. With regard to the educational qualifications (clause 1.8 of Chapter I of the Advertisement laid a postulate to the effect that the candidate must have passed Higher Secondary or High School (10+2) Examination and must also possess 0 level certification from DOEACC/IETE or 1 year Diploma in Computer Application (DCA) from an institute affiliated/registered/recognized by a University which should have been recognised by University Grants Commission (UGC), or higher education in Computer.

( 3. ) It is contended that the petitioners have the requisite qualifications inasmuch as they have passed Higher Secondary School Examination and hold DCA from an institute affiliated to a University. The petitioners No. 1 to 5 hold DCA certificate and the petitioners No.5 and 6 hold PGDCA certificate issued by the Rajeev Gandhi Computer Saksharta Mission and Sarva Computer Saksharta Mission, respondents No.5 and 6 respectively. The certificates evidencing the qualifications of the petitioners have been brought on record cumulatively as Annexure-P/2. It is urged that the petitioners have higher education in computer and hence, they are fully eligible to be appointed as patwaris. Documents have been brought on record to show that the respondents No.5 and 6 are affiliated to the University, namely, Maharshi Mahesh Yogi Vedic Vishwavidyalaya [for short the University] which is recognized by the UGC. It is put forth that earlier, candidates possessing DCA from the said institutes were held to be eligible and appointed to the post of Patwari.

( 4. ) It is pleaded that the Industries Directorate issued instructions to all District Employment Officers to enroll the candidate in employment exchange in NOC category those who had passed DCA or PGDCA from the Institute run by AISECT and Sanatan Charitable Trust. Copies of the instructions issued by the said Directorate, dated 4-4-2007 and 7-9-2006 have been brought on record as Annexure-P/ 4 and Annexure-P/5. The petitioners are registered and enrolled in employment exchange as is noticeable .fromAnnexure-P/6.

( 5. ) It is averred that the petitioners being eligible filed their forms with all the documents with the VYAPAM; that the examining body issued admit cards and the examination was held on 7-9-2008 and the result was declared in the month of June, 2009; that District-wise merit list was prepared; and that the petitioners successfully cleared the examination.

( 6. ) As set forth vide communication dated 20-6-2009 the petitioners along with other candidates were called upon to furnish original documents in support of their candidatures before the District Collector and pursuant to the said communication the petitioners submitted all the documents including the documents pertaining to their educational qualification in support of their candidatures. It is set forth that the office of the Commissioner, Land Records and Settlement, the 2nd respondent herein, vide letter dated 19-12-2008 had already clarified that the certificates issued by the respondents No.5 and 6 affiliated to Maharshi Mahesh Yogi Vedic University are to be accepted as valid certificates. A copy of the letter dated 19-12-2008 has been brought on record as

















































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