Madhya Pradesh High Court: Two writ petitions were filed together before the Bench of Prakash Shrivastava, J., where petitioners were seeking a direction to respondents to permit them to participate in the second stage of selection process.
The petitioner had challenged a clause of one of the annexures related to submission of domicile certificate before the last date of submission of the form. Facts of the case were that petitioner had applied for a post of Subedar for which the last date of submission of application form was extended. After clearing the first stage of selection process they were denied participation in the second stage on the ground that domicile certificate was issued after the last date of submission of application form. This denial was the cause of filing this petition.
Petitioner contended that there was no requirement to possess domicile certificate before the last day of submission of application form and thus this requirement could not have been inserted in a subsequent notice. Also that they are domicile of the State and the other entire requirements were fulfilled by them.
High Court noted that recruitment to the post in question was governed by M.P. Police Executive (Non-Gazetted) Service Recruitment Rules, 1997. As per the advertisement, the domicile certificate was required for those candidates who are seeking age relaxation and petitioner was not seeking such relaxation. The record was found to be showing that petitioners were having domicile certificate for verification at the second stage of the selection process. In the application form, there was no column relating to domicile certificate, hence the respondents could not have denied the petitioner’s participation in the second stage of the selection process. Therefore, the writ petition was allowed. [Aakansha Meena v. State of M.P., 2019 SCC OnLine MP 491, Order dated 27-03-2019]
