Two writ appeals regarding appointment of Homeopathy Medical Officer allowed

In the matter connected to appointment of Homeopathy Medical Officer, the division bench of the Madhya Pradesh High Court comprising Chief Justice Hemant Gupta and Justice Vijay Kumar Shukla has allowed the two writ appeals, first appeal filed by Madhya Pradesh Public Service Commission against the Dr Deepak Singh and others and second appeal filed by Dr. Akhilesh Rathore against the State Government of Madhya Pradesh. The division bench of the MPHC has said that “We find that the order passed by the Single Bench is not sustainable. Consequently, the same is set aside by allowing the present appeals. As a result thereof, the writ petition is dismissed. The writ appeals are allowed and disposed off.”
The division bench of the MPHC has pronounced order on October 5, 2018. The challenge in the present intra-court appeals is to an order passed by the Single Bench on August 10, 2017 in writ petition (Dr. Deepak Singh v. State of MP and others) whereby the writ petition filed by writ-petitioner – Dr. Deepak Singh (here-in-after referred to as the writ petitioner) was allowed holding that the advertisement in question had no clause to grant benefit of 5 per cent marks to the Green Card Holders, therefore, such condition cannot be imposed in the interview letter. Resultantly, the benefit of 5 per cent marks in the interview was ordered not to come in the way of the writ-petitioner for selection on the post. Thus, both; the Public Service Commission as well as selected candidate, are in appeal.
The process of appointment of Homeopathy Medical Officer was initiated when advertisement dated on September 23, 2013 was published. The important condition in bold in the front page of the advertisement is that the latest instructions in relation to advertisement can be seen on the website of the Public Service Commission.
The advertisement has 12 different conditions regarding the number of posts, reservation for each post, the pay scale, essential qualification etc. At serial No.12 there are three appendixes. The Appendix-I pertains to the conditions for relaxation in age. Appendix-II pertains to instructions to fill up the forms and Appendix-III pertains to scheme of written examination and the syllabus.
In Appendix-I, Condition number two relates to relaxation in age. The first condition is relaxation in age for two years in terms of Circular No. C-3-40/AA/84(3)1, dated on January 11, 1985. The relaxation in age is given to Green Card holders (one who have undergone family planning operation). The Clause (2) thereof, is for relaxation in age up to five years to those candidates who have undergone marriage with Scheduled Caste, Scheduled Tribe, Other Backward Classes in terms of the Promotion of Inter-caste Marriage Scheme dated on June 29, 1985. Clause (3) grants relaxation in age up to five years to those sports-persons who have been awarded Vikram Award as per Circular dated on September 3, 1985. Appendix-II, pertains to written examination and the procedure. Clause 8(2) of the said Appendix-II is to the effect that necessary conditions of the interview will be published along with the publication of the result of the written examination.
 
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