AF^ HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S)No. 1677 of 2005 APPLICANT Dhan Singh Sahare VERSUS RESPONDENTS Secretary, M.P. Public Ser^ice Commission, Indore, & Others. Post for pronouncement ofjudgment and order on ^-.03.2009. Sd/- Satish K. Agnihotri Judge r\ u mGH CQURT OF CHHATTISGARH AT BILASPUR APPLICANT WRIT PETITION (S) No. 1677 of2005 Dhan Singh Sahare Son of Johan Lal Sahare, aged about 33 years, occupation Assistant Proffessor (Emergency) posted at Govemment College, Sarangarh, district Raigarh, M.P. VERSUS 1. Secretary^ M.P. Public Service Commission., Indore, M.P. 2. Upper Secretary, M.P. State, Higher Education Department, Bhopal, M.P. 3. Examination Controller, M.P. PSC Indore., M.P. APPLICATION UNDER SECTION 19 OF THE ADMINISTRATIVE TRIBUNALS ACT, 1985 SB: Hon'ble Shri Satish K. Agnihotri, J. RESPONDENTS Present: Shri R.S.Patel, Advocate for the petitioner. M:s. Sunita Jain, Panel Lawyer for the State/respondent No. 2. None for respondent No. 1 and 3. (Passed on ..2.3;:. day ofMarch, 2009) 1. By this petition, the petitioner seeks a direction to the respondents to grant appointment to the petitioner in the department of Sociology as Assistant Professor with effect from the date, other candidates have been appointed^ with all consequential benefits. 2. The indisputable facts, in nutshell, are that the petitioner was working as Assistant Professor in the Sociology Department on the basis of his appointment on 14.12.1987, on emergency basis. An advertisement was issued in the year 1994 for appointment of Assistant Professor on regular basis by selection, conducted by the Public Ser^ice Commission (for short / 'the PSC9). The petitioner made an application and was issued admission card also for appearing in the examination held on 15til November, 1992 (Annexure A/l). The petitioner made through the written examination but was not issued any interview call letter whlch was to be held on 09.02.1994. After examination was conducted., the petitioner received the mark-sheet on 26.12.1994 (Annexure A/2) and found that the other persons who had secured much less marks in the written examination^ were called for inter^iew, but the petitioner was completely ignored. A representation was made on 03.01.1995 (Annexure A/7) that yielded no result. Ultimately, the petitioner was denied inter^iew and the appointment, thereafter. Thus, this petition seeking a direction to grant appointment to the petitioner in the department of Sociology as Assistant Professor. Learned counsel appearing for the respondents No. 1 and 3 would submit that the petitioner applied in Scheduled Tribe category and admit card was issued accordmgly. Instruction No. 3 in the admit card forbids the candidate to leave any identification mark in the answer book or to write his name in the answer book or write roll number at any other place in the answer book except the coluiim ear-marked for the same. The petitioner mentioned his roll number in the last page ofthe supplementary answer book which amounts to breach of instructions, leaving an identification mark. Thus, the petitioner was held as disqualified and accordingly^ he was not called for inter^iew. Secondly, the petition is belated and no relief can be granted at this stage. I have heard leamed counsel appearing for the parties, perused the pleadings and documents appended thereto. It is evident that the petitioner has violated 'p 5. the terms of instructions by writing his roll number on the last page of the supplementary answer book which invokes disqualification. In view of the fact that the petitioner had left an identification mark in the answer book which amounts to disqualification, no fault can be found with the Public Ser/ice Commission with regard to declaring the petitioner disqualified. Even otherwise, at this stage, no direction to the extent of granting appointment on the post ofAssistant Professor, Sociology may be issued to the respondents. For the reasons mentioned hereinabove, this petition is devoid ofmerit and is accordingly dismissed. —- Sd/- SatishK.Agnihotri Judge Aniit