The Madhya Pradesh High Court has dismissed a petition with cost of Rs 5000 to be deposited with the MP State Legal Services Authority, Jabalpur for having wasted precious time of the High Court in adjudicating the avoidable piece of litigation.
The Counsel for the petitioner through the petition prayed for following reliefs :-
(i) The High Court may kindly be pleased to direct the respondents to stop the appointment process for the post of Gram Rojgar Sahayak in respect to the Gram Panchayat Bhagdeva, Janpad Panchayat Hanumanna, District Rewa (MP) on the basis of the exam which has been conducted by the respondent No.3 (Collector, Rewa District) himself.
(ii) The High Court may kindly be pleased to direct the respondents to issue a fresh appointment list on the basis of percentage marks of the candidates.
The Single-Judge Bench of Justice Sheel Nagu held that though the court was inclined to accede to the request of Counsel for the petitioner for directing respondents to decide the representation, but it was pointed out by Naveen Dubey, Government Advocate that the select list pertains to the recruitment conducted vide advertisement dated 14.07.2014, which is evident from representation dated 05.04.2022.
It is trite in service jurisprudence that a select list cannot remain alive as a perennial source of recruitment and thus invariably has a limited period of validity. Even in the case of recruitment to Gram Rozgar Sahayak, the Scheme which governs the field of recruitment and appointment provides in Clause 9 that the select list will have a validity period of one year, observed the High Court.
In view of the above, the Bench noted from reading of petition that the petitioner has intentionally not disclosed any dates as regards the advertisement or the date when the select list was prepared. The petitioner has attempted to suppress material information from the court.
“Accordingly, the petition is dismissed with cost of Rs 5000 to be deposited with the MP State Legal Services Authority, Jabalpur for having wasted precious time of this Court in adjudicating this avoidable piece of litigation. The MPSLSA shall donate this amount to the Permanent Artificial Organ Transplantation Centre, Netaji Subhash Chandra Bose Medical College, Jabalpur,” the order read.