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Madhya Pradesh High Court: Live Registration With Employment Exchange Not Essential For Public Employment Despite Such A Provision In Advertisement

The Madhya Pradesh High Court in the case Sushil Kumar Sharma v. State of Madhya Pradesh and Ors observed and has iterated that live registration with employment  exchange is not necessary for public employment, even if  such kind of restriction is expressly given in the concerned advertisement. The single-judge bench headed by Justice Gurpreet Singh […]

The Madhya Pradesh High Court in the case Sushil Kumar Sharma v. State of Madhya Pradesh and Ors observed and has iterated that live registration with employment  exchange is not necessary for public employment, even if  such kind of restriction is expressly given in the concerned advertisement. The single-judge bench headed by Justice Gurpreet Singh Ahluwalia in the case observed and has stated that the moot question in this case is no longer res integra after the decision in the case Ram Singh Dhurvey v. The State of M.P. and Others. The bench siting at Jabalpur noted while directing M.P Professional Examination Board in order to decide on the appointment of the petitioner as ‘Jail Prahari’ that this court has no distinguishable features and is squarely covered by the law laid down in the case of Ram Singh Dhurvey (supra), thus, the petition moved is also allowed in terms and conditions of order passed in the case of Ram Singh Dhurvey (supra).In the present case, the petitioner candidate, after participating in the recruitment process for Jail Wardens, approached the High Court by contending that he was refused the opportunity to participate in the process merely because he did not possess the live employment registration card. Therefore, the respondent authorities defended the rejection of the candidature by submitting that he had no valid registration with the employment exchange. Further, it has been argued by the respondent that registration with the employment exchange is a necessary requirement for qualification. The court in the case observed and has relied upon Ram Singh Dhurvey while allowing the petition and directing the M.P Professional Examination Board and Directorate of Employment to decide with respect to the appointment of the petitioner to the post of JailWarden.The Madhya Pradesh High Court in Ram Singh Dhurvey held that the requirement of ‘live registration with employment exchange’ is not necessary, even if such a condition is mentioned in the advertisement, thus, it is irrelevant as well as unlawful.

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