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

Madhya Pradesh High Court has recently iterated that live registration with employment exchange is not necessary for public employment, even if such a restriction is expressly given in the concerned advertisement.

The single-judge bench of Justice Gurpreet Singh Ahluwalia observed that the moot question in this case is no longer res integra after the decision in Ram Singh Dhurvey v. The State of M.P. & Others (2021).

“Since this Court has no distinguishable features and is squarely covered by the law laid down in the case of Ram Singh Dhurvey (supra), this petition is also allowed in terms and conditions of order passed in the case of Ram Singh Dhurvey (supra)”, the bench sitting at Jabalpur noted while directing M.P Professional Examination Board to decide on the appointment of the petitioner as ‘Jail Prahari’.

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. The respondent authorities defended the rejection of the candidature by submitting that he had no valid registration with the employment exchange. The respondents further argued that registration with the employment exchange is a necessary requirement for qualification.

The court extensively 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 Jail Warden.

In Ram Singh Dhurvey, Madhya Pradesh High Court previously held that the requirement of ‘live registration with employment exchange’ is not necessary, even if such a condition is mentioned in the advertisement, it is irrelevant as well as unlawful.

Case Title: Sushil Kumar Sharma v. State of Madhya Pradesh & Ors.

Case No: Writ Petition No. 14104 of 2021

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