Amit Jindal v. Hon Ble High Court Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1011 of 2019 Amit Jindal S/o V. K. Jindal Aged About 36 Years Currently Posted As Civil Judge Class-I Janjgir Champa, District Janjgir Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Petitioner

Versus

Hon Ble High Court Of Chhattisgarh Through Registrar General High Court Of Chhattisgarh, Bodri, Raipur Road, Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondent For Petitioner :

Ms. Surya Kawalkar Dangi, Advocate For Respondent :

Ms. Fouzia Mirza, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 19/02/2019

1. The limited prayer which the petitioner has sought for in the present writ petition is for permission to participate in the Preliminary Examination in respect of the District Judge (Entry Level) Examination conducted by the State of M.P. for the year 2019.

2. Counsel for the petitioner submits that the petitioner has been granted permission by the High Court of M.P. for appearing in the said examination vide order dated 11/01/2019 in WP No. 341/2019. According to the petitioner exams are scheduled to held on 19/02/2019 (I.e. tomorrow). He further submits that the petitioner has already made request to the respondents way back on 03/01/2019 seeking permission to participate in the examination but till date the said application has not been decided and in case if the interim protection is not granted to the petitioner, after the exams are held tomorrow the entire writ petition would become infructuous.

3. Counsel appearing for the respondents submits that the request of the petitioner was scrutinized by the Registrar General, thereafter the matter has been place before the Standing Committee where the matter is still pending.

4. Given the said fact that this Court on an earlier occasion in the case of Pallve Raghuvanshi Vs. High Court of Chhattisgarh & Anr. in WPS No. 6130/2018 has already granted permission to appear in similar set of examination conducted by the State of Chhattisgarh. Case of the petitioner is also in parity with the facts of that case.

5. This Court is thus of the view that as of now, prima facie, a strong case for grant of interim protection is made out. Accordingly, it is ordered that the petitioner shall be granted permission to participate in the examination to be held on 20/02/2019 for the District Judge (Entry Level) Examination, 2019 conducted by the State of Madhya Pradesh. It is made clear that interim protection granted today is only confined to the permission to participate in the said examination. The petitioner as such would not be able to claim any benefit only on the basis of participation in the said examination. Any relief which the petitioner may get is only subject to the outcome of the decision in an identical issue which is pending before the Supreme Court in the case of Dheeraj Mor Vs. Hon'ble High Court of Delhi, (2018) 4 SCC 619.

6. With the aforesaid observations the writ petition stands disposed off.

7. Certified copy today.

Sd/- (P. Sam Koshy) Judge Rohit