IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ASHISH SHROTI

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ON THE 14 OF OCTOBER, 2025 WRIT PETITION No. 7646 of 2021 RAJ KISHOR KUSTWAR Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Ieeshan Sharma - Advocate for the petitioner.

Shri Rohit Shrivastava - PL for respondents no. 1 and 2/State.

Shri Shashank Indapurkar- Advocate for respondent no. 3.

Shri Saurabh Jain- Advocate for respondent no. 4.

ORDER The petitioner had initially filed this writ petition praying for a direction to respondents to issue appointment order in his favour for the post of Assistant Professor (Zoology) with all consequential benefits. During pendency of this writ petition, vide order dated 24/2/2022 (Annexure P/20), the candidature of petitioner was cancelled and therefore, the petitioner has challenged the said order by way of amendment in the writ petition.

2. The facts necessary for decision of this case are that an advertisement was issued by the Public Service Commission on 12/12/2017 inviting applications for appointment on the post of Assistant Professors in various faculties. Necessary educational qualification for appointment on the post is prescribed in Clause (2) at page no.21 of the writ petition. According to this clause, in addition to other qualifications prescribed, a candidate is required to have Post Graduate qualification in relevant subject with 55% marks. Further, note 2 prescribes the list of allied subjects in respect of different streams, for purposes of consideration of a candidate. So far as the Zoology subject is concerned, one of the allied subjects is prescribed is Biochemistry which is the subject of discussion in this case.

3. The petitioner submitted his candidature for appointment in Zoology subject. He was included in the list of selected candidates published vide notice dated 20/8/2018 (Annexure P/4), wherein, his name finds place at serial no.77. The candidates were then called for document verification and while verification of petitioner's documents, certain shortcoming was noticed. A notice was issued on 7/10/2019 (Annexure P/8) to various candidates including petitioner, wherein, certain shortcomings in their candidature was pointed out and they were required to explain the same. In the remarks column against petitioner's name, it is stated that the B.Tech, M.Tech, Animal Biochemistry is not one of the allied subjects for Zoology. In response, the petitioner submitted his explanation on 10/10/2019. Thereafter, another notice was issued on 8/12/2019 (Annexure P/15) wherein petitioner's name finds place at serial no.29. A perusal of this notice shows that the matter was placed before the Screening Committee consisting of experts, who have again pointed out same shortcoming in the petitioner's qualification. The petitioner, in response, submitted same explanation on

12/12/2019 (Annexure P/16).

4. The State Govt. then constituted a High Power Committee consisting of experts vide order dated 30/7/2020 (Annexure P/17). A three member committee was constituted for Zoology subject. Thereafter, when nothing was done, the petitioner filed the present writ petition seeking direction to respondents to issue appointment order in his favour for the post of Assistant Professor (Zoology) with all consequential benefits. After when his candidature was cancelled vide order dated 24/2/2022 (Annexure P/20), he challenged the said order also by way of amendment in the writ petition.

5. The learned counsel for the petitioner submitted that the petitioner is possessed of Post Graduate qualification of M.Tech. in Animal Biochemistry. Referring to the mark-sheet of the said qualification filed as Annexure P/14, he submitted that the petitioner satisfies the required qualification for appointment on the post of Assistant Professor in Zoology stream. It is his submission that Clause 13 of note 2 of the advertisement, which prescribes the list of allied subjects, only states Biochemistry without any fu