Dr. Avinash Mishra & others Vs. State of Madhya Pradesh & Others

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WRIT PETITION, 12747 of 2018, Judgment Date: Jun 22, 2018

Law Laid Down -

• The State has a right to assess the suitability of a candidate for appointment with or without interview. The State having exercised the jurisdiction in terms of Madhya Pradesh Educational Service (Collegiate Branch) Recruitment Rules, 1990 (for short “the 1990 Rules”), it cannot be said that power of relaxation to do away with the interview is illegal. 
• In exercise of power of judicial review, this Court examines the jurisdiction to relax the Rules. Since there is explicit power with the State Government to relax the Rules, the Court will not act as Court of appeal over the decision of the State Government, when no infirmity is found in the decision making process.
• The jurisdiction to issue circular dated 04.05.2018 is vested in the Governor which is to be exercised by the State Government in terms of Rule 24 of the 1990 Rules. The power of relaxation can be exercised in favour of an individual in case of hardship or to a class of persons i.e. all the candidates. Though Rule 24 deals with “person” but in terms of Section 13(2) of the M.P. General Clauses Act, 1957, the words in the singular shall include the plural, and vice versa.
• The power of relaxation is not limited as it can be exercised as it may appear to be just and equitable except that relaxation shall not be in any manner less favourable to a candidate than that provided in the Rules. Therefore, there cannot be a harsher condition but any condition in the Rules could be relaxed or toned down.
• The petitioners have no right to claim preference on account of their practical experience of teaching. Since all the candidates are required to be treated alike on the touchstone of Article 14 of the Constitution of India, therefore, the petitioners are not being dealt with arbitrarily but fairly as condition of interview has been done away with in respect of all the candidates.

Dr. Avinash Mishra & others Vs. State of Madhya Pradesh & Others