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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
ANAND PATHAK, ANIL VERMA
Gulab Singh Jatav – Appellant
Versus
State Of Madhya Pradesh – Respondent
JUDGMENT :
ANAND PATHAK, J.
1. The present appeal under Section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 is preferred by the appellant/petitioner being crestfallen by the order dated 10-12-2025 passed by learned Single Judge in Writ Petition No.23740 of 2022 whereby the writ petition filed by appellant (hereinafter referred to as “the petitioner”) has been dismissed.
2. Precisely stated facts of the case are that in response to a special drive initiated by Higher Education Department, Government of Madhya Pradesh for filling up backlog posts of Assistant Professor, applications were invited vide advertisement dated 10-07-2003 (Annexure P/2 of writ petition) and appellant/petitioner appeared in the examination. Clause 7 of the Advertisement provided that candidates are required to ensure that they possess necessary educational qualification. As per relevant rules, educational qualification was at the relevant point of time passing of National Eligibility Test (NET) or Madhya Pradesh State Level Eligibility Test (SLET) or Ph.D. holder.
3. However, a corrigendum to the advertisement was issued on 02-10-2003 (Annexure P/3) prescribing the nec
Promotion is not a vested right and an employee only has the right to be considered for promotion.
The qualifications for appointment must be judged by the rules in force at the time of selection, not by subsequent amendments.
Though the rejection of the candidatures of the petitioners appear to be on the ground of not acquiring the TET qualification within a particular age, it is an admitted fact that all the petitioners ....
Compassionate appointments governed by rules at employee's death time; later executive instructions cannot override statutory rules or prejudice due to delay.
Service Matter - The concerned decision taking Authority has power to appoint the candidate for the post of Adhyapak Sahayak by relaxing the condition of NET/SLAT or Ph.D. It also appears that the pr....
Candidates must fulfill requisite qualifications at the time of appointment; failure to do so renders the appointment void ab initio.
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