TaxTMI 
TaxTMI 
2020 (2) TMI 1743
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....he said appeal was filed assailing the order of Learned Single Judge dated 29.07.2016 in W.P. No. 12689 of 2016. The appellant in the appeal arising out of SLP(C) D. No. 41845, was the appellant in W.A. No. 207/2017 before the High Court of Madhya Pradesh. The said appeal was disposed of by order dated 28.08.2018 in terms of the order dated 06.08.2008 in R.P. No. 682/2018. Though two separate orders dated 06.08.2018 passed in WA Nos. 509 and 533/2018 and order dated 28.08.2018 in W.A. No. 207/2017 are assailed in these appeals, since the issue is common and all the writ appeals have been disposed of by the High Court relying upon its earlier orders, these appeals were taken up together, heard and are being disposed of by this common judgment. 3. The issue relates to the selection to the post of Gram Rojgar Sahayak in the Panchayat of the Rewa District in Madhya Pradesh. Though the issue presently pertains to the method adopted in the selection process in Rewa District, the scheme applicable to the entire state of Madhya Pradesh for such recruitment of Gram Rojgar Sahayak for implementation of the Mahatma Gandhi National Rural Employment Guarantee Scheme ('MGNREGS' for short) is to....
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....ualifications which were classified as (a) Compulsory qualifications and (b) Desired qualifications. The compulsory qualifications specified was with regard to the basic education qualifications and under the Desired qualifications it referred to computer exam pass from any one institution mentioned in the memo of General Administration Department. Clause (8) of the said guidelines also provided with regard to the Selection process whereunder subClause (8) therein further provided for the assignment of maximum marks under each of the criteria stated therein. In so far as the computer examination, the pass certificate from the different Universities are named therein and the maximum marks of '50' is provided thereunder. 7. Though the selection process was to be conducted based on the criteria and the method of assessment provided under the guidelines dated 02.06.2012, the office of Collector, Rewa, Madhya Pradesh issued a Revised Time Schedule for recruitment of Gram Rojgar Sahayak, dated 17.06.2014 and the date for initiation of recruitment was indicated as ... 'before 20th June, 2014'. Similarly, the schedule for the different stages in the selection process was indicated. At ser....
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....d that the implementation of the MGNREG Scheme required skill in computer application as the entire process was computerised and the various functions relating to the same could only be implemented by a person having efficiency in handling the computers. In that view it was contended, when the Gram Rojgar Sahayak was to undertake such work, the computer efficiency was an aspect to be tested, which was a part of the selection process and, therefore, in that circumstance when the office of the Collector had chosen to include the computer efficiency test as a criteria, the High Court ought not to have accepted the contention put forth by the writ petitioners. It is contented that the Revised Time Schedule was issued on 17.06.2014 and the process was commenced on 20.06.2014, therefore, the change had not been introduced after the commencement of the process. It is, in that view, contended that the writ petitioners being aware of the schedule, had appeared in the computer efficiency test and having failed to qualify cannot thereafter turn around to challenge the same. It is contended that the law is well settled in that regard, which has been ignored by the High Court. Therefore, the or....
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.... knowledge as a Desired qualification, the same also provides for such qualification in computer exam from the institutions depicted therein and the selection process provides for the assignment of marks which has been extracted and taken note by the Learned Single Judge. The said guidelines are applicable to all the Districts in the entire state of Madhya Pradesh as confirmed by the learned Advocate for the State of Madhya Pradesh. The Revised Time Schedule dated 17.06.2014 issued by the Collector, Rewa, Madhya Pradesh is only in respect of one District namely District Rewa. 12. Therefore, at the outset when the scheme applicable to the entire State is made under a common guideline, the alteration of the requirement by prescribing an additional criteria only in respect of one District without such authority do so will not be sustainable. Furthermore, the application for the post of Gram Rojgar Sahayak was to be made in terms of the revised guidelines dated 02.06.2012. By the Revised Time Schedule dated 17.06.2014 what is provided for essentially is the time frame for carrying out each of the requirement relating to the initiation of the recruitment till the selected candidate joi....
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....te and reprobate. It is a norm that if a person/candidate having taken note of a requirement in the notification and even if it is objectionable does not challenge the same but despite having knowledge of the same participates in the said process and takes a chance, on failing in the process such person/candidate cannot turn around and assail the same. Though that is the position in law, the said position of law will not be applicable to the present case as the facts in the case on hand is not the same. In the cited case of Ashok Kumar, it was a situation where the subsequent notification for written examination was issued after nullifying the result of the earlier written examination. The petitioner therein who had appeared for the examination earlier, having knowingly participated in the process by once again appearing for the examination which was notified had thereafter challenged, which was a clear case of approbate and reprobate. On the other hand in the instant case, firstly, the Revised Time Schedule issued by the Collector, Rewa cannot be termed as the recruitment notification indicating all the criteria for selection; but can only be termed as a time schedule prescribed p....