IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI &

HON'BLE SHRI JUSTICE HIRDESH th ON THE 19 OF JULY, 2023 WRIT PETITION No. 16574 of 2023 BETWEEN:-

RAGHUNANDAN SINGH PARMAR S/O MAHESHWAR SINGH PARMAR, AGED ABOUT 52 YEARS, OCCUPATION: SOCIAL WORK R/O 11 SOUTH TUKOGANJ, INDORE (MADHYA PRADESH)

.....PETITIONER (SHRI ROHIT SHARMA, ADVOCATE)

AND THE STATE OF MADHYA PRADESH, PRINCIPAL SECRETARY, 1.

VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

CHAIRMAN, M.P. EMPLOYEES SELECTION BOARD, CHAYAN

2.

BHAVAN, BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (SHRI ANAND SONI, ADDITIONAL ADVOCATE GENERAL)

This petition coming on for admission this day, JUSTICE SUSHRUT ARVIND DHARMADHIKARI passed the following:

ORDER

Heard on the question of admission as well as on interim relief.

2. By filing the present writ petition in the shape of Public Interest Litigation under Article 226 of Constitution of India, the petitioner has not challenged any particular order but is seeking a direction to the respondents to constitute a fact finding enquiry by a Committee headed Signature Not Verified Signed by: JAGADISHAN by a Hon’ble Retired/Sitting Judge of High Court of Madhya Pradesh or any other High Level Committee to enquire into the scam in the recruitment of Patwari Examination conducted by the respondent No.2 in the month of March-April, 2023 and the result of which was declared on

11/07/2023.

3. The brief facts of the case are that the petitioner is a honest and vigilant social worker. Earlier also the petitioner had filed P.I.Ls. before the Hon’ble Court pro bono. The petitioner being a social worker has no personal interest in the present writ petition. The only purpose is to protect the larger public interest and sanctity of recruitment examination of Patwari conducted by the respondent No.2.

4. In this Patwari recruitment process, there is a big-big recruitment scam of high level, due to which the meritorious students are deprived of being given appointment as Patwaris. Such kind of scam would not only hamper the development of the State but also spoil the future of younger generation. In the circumstances petitioner has prayed for constitution of a High Level Committee of a Retired/Sitting Judge of High Court of Madhya Pradesh to enquire into the matter.

5. Per contra, Shri Anand Soni, learned Additional Advocate General for the respondents/State, on advance notice, has vehemently opposed the prayer and submitted that the present writ petition has been filed only on the basis of news paper cutting accompanied with certain unsubstantiated and irrelevant documents. The present writ petition has been filed by a person who is actively involved in the politics and he was a past Member of the Congress Party and he has some personal interest with oblique motives and in order to settle the political vendetta and to achieve political mileage on account of forthcoming Legislative Assembly Elections in the State of Madhya Pradesh.

Signature Not Verified Signed by: JAGADISHAN

6. The petition has been filed purely on the basis of news paper cutting/reporting. Incorrect declarations have been made in para 9 as regard non-availability of alternative and efficacious remedy. There is a non-compliance of Rules 13, 14, 15, 16 and 17 of Chapter XIII-A of the M.P. High Court Rules, 2008, on this ground alone the petition deserves to be thrown-out.

7. According to the aforesaid provisions, the petitioner is required to give a declaration that thorough research has been conducted in the matter and it is required to be accompanied by all such material where necessary. Rule 14 of Chapter XIII-A of the Rules of M.P. High Court Rules, 2008 (hereinafter referred to as 'The Rules of 2008') provides that a Public Interest Litigation (Writ Petition) shall disclose –

(1) petitioner’s social public standing/professional status and public spirited antecedents;

(2) source of petitioner’s finances for meeting the expenditure of the P.I.L.;

(3) source of the inf