ORDER

1. Pleading are complete. Learned counsel for the parties are ready to argue the matter finally and it is accordingly finally heard.

Both the petitions are interconnected and decision in one petition would directly affect the decision of another petition, therefore, both the petitions are heard analogously. For the purpose of convenience, the facts of W.P. No.15147/2019 are being taken up.

2. This petition is filed under Article 226 and 227 of the Constitution of India asking following relief :--

“(i) That the impugned order dated 19.7.2019 (Annexure P-6) passed by the Chief Executive Officer/Dean of Netaji Subhash Chandra Bose Medical College, Jabalpur be quashed.

(ii) That the Respondent authority be directed to restore the final merit list issued on 2.7.2019.

(iii) That the Respondent authority be directed to issue appointment order in favour of the petitioner for the post of Assistant Grade-3.

(iv) Any other relief which the Hon’ble Court deems fit in the interest of justice may kindly be granted.”

3. The order dated 19.7.2019 (Annexure-P/6) is a final merit list cancelling earlier merit list dated 2.7.2019, therefore, same is being challenged asking its quashing.

4. The facts of the case in a nutshell are that the Medical Education Department and the Commissioner, Medical Education issued an advertisement inviting applications for filling up various sanctioned posts in the Super Specialty Hospital. The advertisement is Annexure-P/2 dated 15.11.2018 showing various posts for which selection was to be made and applications were invited. As per the said advertisement, there were 9 posts of Assistant Grade-3, out of which, 5 posts (one female) for unreserved category and remaining 4 posts were for reserved category i.e. 1 for SC, 2 for ST and 1 for OBC. The petitioner applied for the post of Assistant Grade-3 having all requisite qualifications in his credit. After receiving applications of intending candidates, a provisional merit list was published inviting objections. The provisional merit list is Annexure-P/3. In the said merit list, the petitioner secured 5th rank. After considering the objections, final merit list was published. The position as secured by the candidates for the post of Assistant Grade-3 in the provisional list, remained same in final merit list. On the date of verification of the documents, the candidates secured 1st and 2nd position, namely, Raja Babju Snehi and Rupal Verma remained absent and, therefore, the petitioner should have been appointed as he secured 3rd position. But, the respondents issued an amended merit list, in which, the petitioner was placed at serial No.6 adding two new candidates, namely, Madhur Jain and Dharmendra Shukla. According to the petitioner, the names of two candidates were included in the final merit list and, therefore, Annexure-P/6 amended merit list, said to be illegal and representation in this regard Annexure-P/7 has been filed by the petitioner.

5. The respondents have filed reply stating therein that after considering the objections and also at the time of verification of documents, it is noticed that some of the candidates were eligible to get some additional marks, but the same were not granted to them and accordingly the Committee considering the said fact, awarded additional marks and prepared the amended final merit list i.e. Annexure-R/6, in which, the name of petitioner, namely, Sachin Pathak is shown at serial No.6. Madhur Jain securing maximum marks placed at serial No.1, Rupal Verma at serial No.2, Poonam Sahu at serial No.3, Dharmendra Shukla at serial No.4, Deepak Thakur at serial No.5 and Sachin Pathak (present petitioner) at serial No.6.

6. The counsel for the petitioner filed rejoinder and also an application for taking documents on record mentioning therein that out of those 6 candidates shown in the final merit list, Rupal Verma, Dharmendra Shukla and Deepak Thakur have joined elsewhere and not interested to get appointment on the post