1 THE HIGH COURT OF MADHYA PRADESH WP-12612-2018 (Satindra Jadon & ors. Vs. State of Madhya Pradesh & ors.) Gwalior, Dated : 11.06.2018 Shri [ENTITY], counsel for the petitioners. Shri [ENTITY], Government Advocate for the respondent No. 1/State.
Shri [ENTITY], counsel for the respondents No. 2 and 3. Identical writ petitions have also been filed before the Principal Seat of High Court of Madhya Pradesh at Jabalpur and the following orders have been passed in those writ petitions:-
"Jabalpur, dated, 07-6-2018:
Shri [ENTITY], Shri [ENTITY], Shri [ENTITY], Shri [ENTITY], Shri [ENTITY], Shri [ENTITY], Shri [ENTITY] and Shri [ENTITY], advocates for the petitioners.
Shri [ENTITY], Senior Advocate along with Shri [ENTITY], advocate for the respondents.
In the present batch of writ petitions, a common interim-relief is prayed permitting the petitioners to appear in the Main Examination of the State Forest Services, Examination 2018 to be conducted by the M.P. Public Service Commission (hereinafter referred to as "the MPPSC").
Learned counsel appearing for the petitioners submit that though the petitioners have not qualified in the Preliminary Examination, but the cut off date for submission of the forms for the Main Examination is 9-6- 2018, which is still not over. Therefore, they may be permitted to fill-up the examination forms for the Main Examination. It is contended that as per scheme of the Examination of the [ACT] the Preliminary Examination is comprising of two papers. It is strenuously urged that the first papers of both the Examinations - State Civil Services and State Forest Services, are common and, therefore, the issues regarding the questions and answers of the model answer-sheets are same which were canvassed in the [CASE NUMBER] pertaining to State Civil Services.
It is fairly stated by the learned counsel for the petitioners that in none of the cases relating to State Forest Services Examination, any interim relief has been granted by this Court permitting the candidates/petitioners to fill up forms of the Main Examination of the State Forest Services.
Counsel for the petitioners submit that since the last date for submission of the forms is not over, therefore, considering the propriety and the principle of equity, the petitioners may be permitted to fill-up the examination forms for the Main Examination of the State Forest Services.
Per contra, learned Senior Counsel appearing for the respondent/MPPSC submits that a similar writ petition in respect of State Forest Services has already been dismissed by a Co-ordinate Bench of this Court by order dated 3-5-2018 passed in [CASE NUMBER] ([ENTITY] and others vs. State of M.P. and others) and other connected writ petitions. He further contends that this Court has also declined interim-relief by a detailed and reasoned dated 5-6-2018 passed in [CASE NUMBER] and other connected writ petitions.
Counsel for the respondents has relied on the judgment passed by the Apex Court in [PRECEDENT] wherein it is held that the High Court cannot issue a direction for re-valuation of answer books in the matter of examination of Public Service Commission under [SECTION] of the [ACT]. He further submits that this Court has already declined to pass interim order permitting the candidates to fill-up the forms for the Main Examination relying on the judgment passed by a Full Bench of this Court in the case of [PRECEDENT] decided on 4-9-2017). He further placed reliance upon the judgment passed by the Apex Court in [PRECEDENT].
A Co-ordinate Bench of this Court in the case of [ENTITY] and others (supra) has already dismissed the writ petition in respect of the prayer for re-valuation of the answers and questions and model answer key of the State Forest Services referring to the jugement passed by the Full Bench in the case of [PRECEDENT] (supra).
Further, this Court in [CASE NUMBER] and other 2 connected writ petitions (supra), has already declined interim relief permitting the petitioners to appear in the Main Examination.
In view of the aforesaid, the prayer for grant of interim-relief in the present batch of writ petitions is rejected.
It is stated by the counsel appearing for the parties, that the Main Examination of the State Forest Services is likely to be held somewhere in the month of August, 2018.
Learned counsel for the MPPSC accepts notice in these cases and undertakes to file reply within a period of three weeks from today. A list of similar cases will also be supplied by the counsel for the MPPSC to the Registry of this Court relating to [ACT].
Let the matter be listed in the week commencing 9-7- 2018."
Accordingly, in view of the order dated 07.06.2018 passed by the Principal Seat, Jabalpur in [CASE NUMBER] and [CASE NUMBER], prayer for interim relief is hereby rejected.
Learned counsel for the MPPSC accepts notice on behalf of the respondents No. 2 and 3 and undertakes to file reply within a period of three weeks from today.
As the writ petitions before the Principal Seat, Jabalpur are listed in the week commencing 09.07.2018, therefore, office is directed to list this case in the week commencing 09.07.2018 also.
(G.S. Ahluwalia) V. Judge Abhi