IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK AGARWAL ON THE 20th OF MARCH, 2024 WRIT PETITION No. 4323 of 2024 BETWEEN:-
JITENDRA SAHU S/O SHRI SHYAMLAL SAHU, AGED ABOUT 35 YEARS, OCCUPATION: CONSTABLE (DRIVER) ROLL 23847699 POSTED AT PRESENT 25TH BATTALION S.A.F. BHOPAL DISTRICT BHOPAL (MADHYA PRADESH) .....PETITIONER (BY SHRI DHARMENDRA PATEL - ADVOCATE) AND 1. THE STATE OF MADHYA PRADESH THROUGH THE PRINCIPAL SECRETARY HOME DEPARTMENT VALLABH BHAWVAN BHOPAL (MADHYA PRADESH) 2. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTER JAHANGIRABAD, BHOPAL (MADHYA PRADESH) 3. ADDITIONAL INSPECTOR GENERAL OF POLICE, (SELECTION) P.H.Q. JAHANGIRABAD, BHOPAL (MADHYA PRADESH) 4. ARUN VERMA S/O SHRI SINGA RAM VERMA ROLL NO. 23981290 OCCUPATION: CONSTABLE (DRIVER) POSTED AT DISTRICT POLICE FORCE, BHOPAL DISTRICT BHOPAL THROUGH SUPERINTENDENT OF POLICE BHOPAL DISTRICT BHOPAL (MADHYA PRADESH) .....RESPONDENTS (BY SHRI MANAS MANI VERMA - GOVERNMENT ADVOCATE) This petition coming on for admission this day, the court passed the following:
APPOINTMENT - MERIT - TRANSPARENCY - ARBITRARY
Fact of the Case:
The petitioner, who had secured higher marks than the respondent, was given an appointment in the 25th Battalion SAF, Bhopal, while the respondent was given an appointment in the Office of Superintendent of Police, Bhopal, despite securing lower marks.
Finding of the Court:
The court found that the respondents had not followed a fair and transparent procedure in allocating the place of posting to the candidates and that the posting of a person with lower marks in the District Police in preference to the petitioner was arbitrary and illegal.
Issues: Whether the respondents had followed a fair and transparent procedure in allocating the place of posting to the candidates.
Ratio Decidendi: The court held that the respondents were required to prepare an excel-sheet of all the qualified candidates with the marks secured by them and the place of posting, and that no person less meritorious than the person claiming posting at a particular place should have been posted in preference to that person.
Final Decision: The court quashed the impugned order and directed the respondents to give the petitioner an appointment in place of the respondent in the District Police establishment and to redraw the whole process of recruitment by preparing an appropriate excel-sheet giving weightage to the merit and the place of posting preference given by each candidate.
ORDER
Petitioner's contention is that petitioner was given appointment in the 25th Battalion SAF, Bhopal despite securing 63.09 marks whereas respondent No.4 Arun Verma under the same category having secured 63.01 marks has been given appointment in the Office of Superintendent of Police, Bhopal.
There is no specific reply to this, only reply is that respondent N.4 had filed earlier writ petition and in view of the orders of the Court, respondents have obliged the private respondent No.4. However, the fact of the matter is that once the scheme was to allocate a place as per the choice on the basis of the marks secured by a person, then in an excel-sheet respondents were required to prepare a list of all the qualified candidates with the marks secured by them and the place of posting, thereafter under the same category, nobody less meritorious than the person claiming posting at the said place as his first choice or second or third choice as the case may be, should have been posted in preference to that person whose first place of posting is at a particular place and when this aspect is taken into consideration posting of a person claim securing 63.09 marks in SAF and a less meritorious person in the District Police is clearly arbitrary and illegal.
It is not open to the respondents to play in the name of the orders of the High Court and not adhered to the procedure or adopt a fair and transparent procedure, therefore, the impugned order for the lack of adherence of the fair and transparent procedure is hereby quashed.
Respondents are directed that petitioner be given appointment in place of respondent No.4 in the District Police establishment as he had secured higher marks under the similar category than the respondent No.4. Let this exercise be completed within thirty days from today.
However, it is made clear that instead of making piecemeal exercises respondents are directed to redraw the whole process of the recruitment by preparing an appropriate excel-sheet giving weightage to the merit and the place of posting preference given by each candidate and after redrawing that list they should take up the exercise of reallocating the place of posting for all the candidates who were selected under the said selection, instead of giving piecemeal benefits to individuals approaching the Court so that hardship of each individual is mitigated and a fair, transparent procedure is put into place.
For this Director General of Police will take personal initiative and get the matter sorted out under his personal supervision within a period of sixty days from the date of communication of the order.
In above terms, petition is allowed and disposed of.
(VIVEK AGARWAL) JUDGE MTK
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