ORDER

Heard on the question of admission.

2. In this writ appeal under Section 2(1) of the Madhya Pradesh Uccha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 appellant assails the order dated 18.03.2024 passed in W.P. No. 18212/2023, whereby the learned Single Judge has allowed the writ petition filed by Respondent No. 5 setting aside the selection order of the present appellant and also directed the authorities to appoint the Respondent No. 5 as Associate Professor.

3. A writ petition was filed by the Respondent No. 5 under Article 226 of the Constitution of India praying for the following reliefs:-

(a) to call for the relevant records of the case;

(b) to command the Respondents to reject the candidature of Respondent No. 5 for appointment on the post of Associate Professor in Pathology in MGM Medical College, Indore by a writ of MANDAMUS or any other appropriate writ, direction or order;

(c) to command the respondents to consider the claim of the petitioner for grant of appointment on the post of Associate Professor in Pathology Subject in Government Autonomous MGM Medical College, Indore by giving due credence to the experience earned by her in SAIIMS, Indore and also the 6 months’ training undertaken by her with Unipath Specialty Laboratory, Indore and by declaring the result of selection process for appointment on the post of Associate Professor in Pathology and by granting him all consequential and monetary benefits including arrears of salary and allowances together with interest @ 12% p.a., by a Writ of CERTIORARI or any other appropriate writ, direction or order;

(d) to allow this petition with costs;

(e) to pass such other order(s) as this Hon’ble Court may deem fit in fact and circumstance of the case to grant relief to petitioner.

(f) to quash the impugned select list dated 21.09.2023 (Annexure P/20) issued by Respondent No.4 by a writ of CERTIORARI or any other appropriate writ, direction or order.”

4. The grievance of the Respondent No. 5 was that she had participated in the recruitment drive for the post of Associate Professor in Pathology.

The present appellant was declared successful, whereas the Respondent No. 5 was placed at serial No.1 in the waiting list.

5. The writ petition was filed on the ground that the present appellant had suppressed the material information regarding a criminal case pending against her in the trial Court under the provisions of Prevention of Corruption Act, 1988 and also that she was not even eligible to participate in the aforesaid selection process again on the basis of pendency of a criminal case.

6. The learned Single Judge considering the terms and conditions of the advertisement, especially the Mahatvapurna Teep (Important Point) which clearly reveals that any person submitting his application in the requisite form is also required to submit the undertaking in the given format only because any police case registered against the applicant or any enquiry pending against him or her, affects his or her appointment. The learned Single Judge while considering the submissions of both the sides allowed the writ petition by passing following order:-

Resultantly, the petition stands allowed for the reason that the petitioner has not submitted her application in the requisite Format, leading to its alteration, which cannot be allowed. Thus, the selection order dated 21.09.2023 depicting the respondent No.5 as the select candidate is hereby quashed, and in its place the petitioner is declared to be the successful candidate being the only person in the waiting list, w.e.f. the date on which the respondent no.5 was appointed. The respondents are also directed to accord to the petitioner all the consequential benefits, except the monetary benefits as the petitioner is already in employment and has earned continuously since 21.09.2023. With the aforesaid direction, the petition stands