ORDER

1. Apparently, the petition is pending since 2017 and is listed today for final disposal at motion stage under caption “Top of the list”. Indeed, the pleadings are complete and the learned counsel for the parties are ready to argue it finally. Accordingly, the petition is heard finally.

2. This petition is filed under Article 226/227 of the Constitution of India asking for the following reliefs:-

“i. Certiorari quashing the impugned communication dated 17.8.2017, (Annexure P/4);

ii madamus directing the respondents to posting to the petitioner in Betul District and if the post is not available there, he be allotted post in any other District. Any other order or orders that this Hon. Court deems fit and proper in the circumstances of the case may also be kindly passed.”

3. Albeit, the foremost reason for approaching this Court by way of instant petition is that the petitioner had applied for the post of Assistant Grade-III (unreserved category) pursuant to an advertisement and got selected therein but astoundingly at the time of joining, while apprising the petitioner about non-availability of unreserved category post, his joining was not accepted.

4. Succinctly, the facts of the case are that an advertisement (Annexur-P/1) was issued in 2016 by respondent No.2 inviting applications for the posts advertised therein, whereunder, two posts of unreserved category of Assistant Grade-III have also been advertised for District Betul. As per the advertisement, in all, eight posts were advertised, out of which, four posts for unreserved category (in which two posts were for open and two posts for women category); one post of ST category (open) and three posts for ST (Women). The petitioner who had applied for the post of Assistant Grade-III, got selected, but when he tendered his joining, the Collector Betul refused to accept the joining and informed by way of communication dated 17.8.2017 (AnnexureP/4) that there is no post of unreserved category for Assistant Grade-III in District Betul and only posts pertaining to reserved category are lying vacant. After being shaken by the communication about the position shown by the Collector Betul, the disgruntled petitioner made a representation (Annexure-P/5) to respondent No.1 and when no heed was paid, then left with no option, the petitioner in the pursuit of justice, has knocked the doors of judiciary by filing the instant writ petition.

5. Of a note, after the petition was filed, the petitioner also moved an application i.e. I.A.No.1104/2019 for taking documents on record appending a letter dated 18.5.2018 (Annexure-A/1) issued from the office of Collector, Betul, in that, the Collector has apprised the Principal Secretary of the Revenue Department that in District Betul, two posts of Assistant Grade-III are lying vacant and as per selection, the petitioner and one Vishal Sahu (petitioner in connected petition) can be appointed against those vacant posts. Further, a document dated 12.11.2018 (Annexure-A/2) made appendage to the application, also strengthens the case of the petitioner inasmuch as this document bespeaks about the mistake committed by the officers of the department by showing two posts for unreserved category and two posts for women unreserved category. The letter also contains that in the face of mistake committed by the officers, it is proposed that procedure for sanctioning new posts be also initiated.

6. The respondents have filed their reply disputing the averments made in the petition. Instinctively, they have denied the claim of the petitioner saying that the petitioner cannot be given benefit inasmuch as under some misconception the posts of unreserved category were shown in the advertisement of 2016, conversely there was no such post available for general category candidate. According to the stand taken by the respondents, the information was provided to respondent No.2 showing the vacant posts of Assistant Grade-III in district Betul, but total eight posts were