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2015 Supreme(MP) 1064

SHANTANU KEMKAR, K.K.TRIVEDI
Amitabh Agnihotri – Appellant
Versus
State of M. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Anuvad Shrivastava

ORDER :

Dr. Anuvad Shrivastava, learned counsel for the petitioner. Heard on the question of admission. This petition under Article 226 of the Constitution of India, is filed as pro bono publico claiming the following reliefs:-

"(i) To set-aside the impugned notification of 2007 Annexure-P/5 as well as all the recruitments and appointments made by Vyapam under the impugned notification of 2007.

(ii) Any other order/orders that this Hon'ble Court deems fit the proper in the facts and circumstances of the case, may also kindly be passed."

2. The contentions raised by learned counsel for the petitioner are that by impugned Notification Annx. P/5, an Act known as M.P. Vyavsayik Pariksha Mandal Adhiniyam, 2007, has been brought in operation. According to learned counsel for the petitioner, such an Act is contrary to the provisions of Article 309 of the Constitution of India. It is contended that the validity of the Act is to be examined in terms of the provisions of the aforesaid Article and since the Act is violative of the said Article 309 of the Constitution of India, the impugned Notification promulgating, the said Act is liable to be quashed. Any selection/recruitment in the Government



















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