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HIGH COURT OF MADHYA PRADESH
VISHAL DHAGAT
Komal Padme – Appellant
Versus
The State Of Madhya Pradesh – Respondent
WP 5810/2024
Fact of the Case:
The petitioner, who was successful in an examination for the post of Pharmacist Grade II, filed a petition under Article 226 of the Constitution of India, seeking a direction to the respondents to call her for counseling. The petitioner claimed that she was not called for counseling despite being successful in the examination and that her representation to the respondents had not been considered.
Finding of the Court:
The court directed the competent authority to consider and decide the petitioner's representation within 15 days from the date of receipt of the certified copy of the order.
Issues: Whether the petitioner was entitled to be called for counseling despite being successful in the examination.
Ratio Decidendi: The court held that the petitioner was entitled to have her representation considered and decided by the competent authority within a reasonable time.
Final Decision: The court disposed of the petition by directing the competent authority to consider and decide the petitioner's representation within 15 days from the date of receipt of the certified copy of the order.
ORDER
Petitioner has filed this petition under Article 226 of the Constitution of (VISHAL DHAGAT) JUDGE India making a prayer to issue direction/writ to respondents to call petitioner for counseling for post of Pharmacist Grade II.
2. Counsel appearing for the petitioner submitted that petitioner was successful in examination, however, she was not called in counseling for reasons best known to respondents. It is further submitted that petitioner has preferred a representation but same has not been considered and decided.
3. Government Advocate appearing for the respondents/State submitted that representation filed by petitioner shall be considered in accordance with law.
4. Heard the counsel for the parties.
5. Considering aforesaid submissions made by counsel for the parties, without expressing any opinion on merits of the case, writ petition filed by petitioner is disposed off directing competent authority/respondent No.2/respondent No.4 to consider and decide the representation of petitioner within a period of 15 days from date of receipt of certified copy of the order passed today. Communication be sent to petitioner regarding result of representation. If petitioner is found successful, then respondent authorities may call her for verification of documents.
6. Appointments made shall be subject to final order which will be passed by respondents over representation preferred by the petitioner.
7. With aforesaid direction, writ petition filed by petitioner is disposed off.
8. C.C. as per rules. vkt Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 20-03-2024 15:15:24
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