; '•^^^,:^ BEFOBE. THE MADHYA PIiADESH STATE rU.UNISTBATIV'E TBIBU4AL J_ABAyUfl . ^, ^p[^)^ O.A.NO. APPUC^-T RESP DENTS -OF_JS21- Smt. Y^lmini Shamia Vfersus The State of Madhya Pradesh and others. ^ D&TAILS OF APPLICAI'l£S'i 1. Particulars of the applicant :- (i) Name of the applicant : Srnt. Yamini Sharma (ii) Name of F^fiez/HuiSbands Dr.Ashok Kumar Sharma (^iii) Age of the applicant : ^~j - Years. (iv) Designation and particulars of office ^t'Iarae and Station') in vAich eiitployeds- NIL. ^^ 3 (, v) Office Address (*vi) Address for the service of notice NIL. C/o Dr. Ashok Kumar Sharnia Medical Officer C.a.P.F. 48 Shrinaaar Jammu S. Kashmir. 2. PAIH-ICULARS OF THE RESPONI3ENTS :- (1) The State of Madhya Pradesh, through the Secretary, Public Health and Family Welfare, Government of Ma dhya Pradesh, Bhopal, M.P., ( 2) The Aiadhya Pradesh 'Public Service Commission, through its Secretary, Indore, i'.'i.pi,- PAKTICUJLAaS OF THE CtkDEH AG^U.N,..,! WHICH APPLICAT10N' T^1'1"- ISulAQE.. THE APPLIC^a-IQ^ IS AGAXNST THE TOLLDWING (.'^ OBDEil; — . • . (i) Order No. S,iij Date : (iiij Passed by: Notice of respord ent No.2 dated/- 23.10.90 shovdng name of app^iicant at Sl. No.lJ.3. 2. ^^^^H^n^T.^-.^^^^—..-,,-,^...-^^_. ^,: -^' [ HIOH COURT OF CHHATTISGARH AT BILASRJR Pfctitioaer W. P. (s) No. 2 of2006 Smt Yamini Shanna Versus Respondents : State of Madhya Pradesh & ofhers Sin^te Beach: Hon'bte Mr. Justice Satteh K. Agnlhotri. Shri H.B. Ayxwal, Senior counsd with Shri Radhcshyam Agrawal, counsel for the Ptetitioncr. Shri Ajay Dwivcdi, Pancl lawyer fbr fhe Respoadents/State. ORAL ORDER (13th Juty, 2006) Leamed counsel for the pctitfoaer subinits that the petitfoner was appoiated like fhe pctitioner in O.A. No. 2/92 (Om PrakaA Sin^i Chouhan Vs. State of Madhya Rradesh & ofhera), O.A. No. 689/92 (Dr. Narayan Singh Parihar Vs. The State of M.P. & others) and O.A. No. 929/1991 (Dr (Ku) LaUta Mishra Vs. State of Madhya Piadesh & aaofhci) as Ayurvedic Medical OfiBcer aad ia the case ia haad thc namc ofthe petitioncr &und place at scrial No. 113 rfthe sclect list Despite thc selection, the petitioner could not be appoarted fltiough fhe respondent No. 3/candidate placed at serial No. 138 in thc setect Ust was appointed on 38. 1.1991 (Annexure A/1). According to leamed counsel for fhe petitjoner, the petitioner was not appointed on the ground tfaat tfaat she had not done intei-aship afleT passing B.A.M.S. Dcgree. The ideatk'al issue wsss iinder consideration in the cases ofother sunilarly situated caiididates in O.A. No. 2/92 rl Bablu (Oin Prakash Singh Chouhaa Vs. State of Madhya Pradesh & othcrs), O.A. No. 689/92 (Dr. Naiayan Singh Parihar Vs. The State of M.P. &, o&ers) axid O.A. No. 929/ 1991 pr (Ku) LaUta Mishia Vs. State of Madhya Pradesh & another. The Madhya Pradesh Admiiustrative Tribunal, Iiulore ^nch baving coasidered fhc order passed in O.A. No. 2/92, by its judgment and ordcr dated 27.7.94 held fhat the appUcant could not be hdd ineUgible on fhe ground fhat tfae B.A.M.S. Degree was issued to fhe appUcant before coinpletion of fhe intemshq». Snnflar Mder was passed by the Madhya Rradesh State Admmistrati»eTribuaal, Bench at Jabalpiu- in O.A. No. 929/1991 by ordcr dated 16.10.1997. Leamed counsel appearmg for fhc respondents/State fanly submits that fhe respoiidents/State has adopted the retum fited in O.A. No. 2/92 which was allowed in favour offhe smiilarfy situated applicants. The Special Leavc Petition fited against fhe ordcr of the tribuxial was also disinissed. For the reasons stated-abovc, fhe present petitmn te covercd by fhc decision ofthe Tribunal, as stated sibove. Accordmgfy, fhis petition is altowed with a directmn to the respondents to appoint fhc petitioner forfhwifh. There is no qiiestmn of back wages, aa fhe petitioner was not appointed oa the post and the petitioDer caiiaot claua back wages without beiag appoiated on fhe post No order as to costs. i 1 ' SdA SatishK.Agnihotri Judge \