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Administrative Overreach: MP High Court Scraps Irregular Recruitment Drive, Slaps Heavy Costs on State

In a stinging rebuke to administrative non-compliance, the Gwalior Bench of the Madhya Pradesh High Court has quashed a recruitment advertisement for the post of Office Assistant (Data Entry Operator), ruling that the Additional Collector, Shivpuri, acted in defiance of established state protocols.

The Breach of Protocol

The dispute originated from the post-advertisement hiring process initiated on September 26, 2014. While the Revenue Department had mandated that all hiring be governed by the specific guidelines laid out in a July 14, 2011, circular from the Lok Sewa Prabandhan Vibhag , the local administration deviated significantly.

The state circular explicitly required a degree in Science and suggested merit be determined based on graduation marks. However, the Additional Collector issued an advertisement imposing a 60% minimum marks threshold and seemingly ignored the requirement for a Science-related qualification.

The Legal Battle

The petitioner, Yogesh Kumar Kushwah, approached the High Court challenging the legitimacy of the selection process. Counsel for the petitioner argued that by ignoring the mandatory circular, the administration created an arbitrary selection process that excluded qualified candidates and disregarded uniform standards applied in other districts.

The State government attempted to defend the advertisement, claiming the local administration had acted within its discretion. However, Justice Anand Singh Bahrawat found no merit in these justifications, noting that the blatant departure from the binding circular undermined the integrity of the recruitment process.

Key Observations from the Court

The Court did not hold back in its assessment of the administrative failure:

> "It is apparent that the Collector has not followed the procedure prescribed in the circular dated 14.07.2011 and has issued the impugned advertisement contrary to the said circular."

> "Since the petitioner was deprived of participation in the selection process due to the fault of the respondents, it is directed that whenever a fresh advertisement is issued, the candidature of petitioner shall not be rejected on the ground of age bar."

> "Since the respondents issued the advertisement contrary to the procedure prescribed... for non application of mind on the part of the respondent in forcing the petitioner to a long drawn litigation, cost of litigation... is to be paid to petitioner."

Consequences of the Ruling

The judgment carries significant implications for administrative accountability:

1. Total Set-aside : The advertisement is quashed, and any appointments made pursuant to it have been declared void ab initio .

2. Financial Accountability : The state, and by extension the erring officers, have been ordered to pay Rs 1,50,000 in litigation costs to the petitioner, and a further Rs 25,000 as a penalty to the Nagar Nigam, Gwalior.

3. Internal Probe : The Court has directed the competent authority to initiate appropriate action against the officials responsible for issuing the non-compliant advertisement.

4. Protective Relief : Recognizing that the litigation caused an unavoidable delay, the Court explicitly barred the authorities from rejecting Mr. Kushwah’s application for the new, properly framed vacancy on the grounds of age, ensuring the petitioner is not penalized for seeking justice.

This ruling serves as a stern reminder that administrative authorities cannot override state-level mandates under the guise of local discretion, and must bear personal and institutional liability for actions that trigger protracted legal battles.