With the consent, finally heard.

2. This petition filed under Article 226 of the Constitution of India

takeS exception to the order dated 28.11.2022 (Annexure P/2), whereby

1

Signed by: PARITOSH

KUMAR

Signing time: 10/6/2023

3:05:26 PM

Signature Not Verified

officiating charge of District Ayush Officer is withdrawn from the petitioner and

given to respondent No.3.

3. The case of the petitioner is that he is holding the post of Ayush

Medical Officer, whereas the respondent No.3 is a Homeopathic Medical

Officer. As per the statutory recruitment rules namely M.P. Ayush

Department (Gazetted) Services Recruitment Rules, 2013 (Recruitment

Rules), the petitioner is holding the feeder post for promotion to the post of

District Ayush Officer, whereas the post of respondent No.3 is not a feeder

post for the promotional post of District Ayush Officer. Although, a person

having degree in homeopathy is eligible for consideration as direct recruitee

District Ayush Officer, respondent No.3 cannot claim eligibility for direct

recruitment for twin reasons (i) he has crossed the maximum age of 40 years

and (ii) he does not have degree in the subject of homeopathy. In view of

Indore Bench order passed in W.P.