JABALPUR, India, March 31 -- Madhya Pradesh High Court issued the following judgment/order on Feb. 26:

1. By taking exception to the order dated 23.08.2022 passed by learned Single Judge in W.P. No.18080/2022, whereby the writ petition preferred by the appellant was dismissed, the instant intra court appeal has been preferred by the appellant.

2. I.A. No.22807/2025 is an application for condondation of delay filed under Section 5 of the Limitation Act for condoning the delay of 1098 days.

3. Heard Shri Abhishek Dubey, learned counsel for the appellant on the question of condonation of delay as well as admission.

4. The appellant appeared in the selection process held in the year 2014 for the post of Data Entry Operator and his name was find place in waiting list prepared in 2014. One post fell vacant, therefore, a letter was issued by the respondent No.2 to the appellant on 14.03.2018 seeking his consent for his appointment on the said post. Immediately, the appellant extended his consent on 23.03.2018, however, by letter dated 24.04.2018, the appellant was informed that as the validity period of waiting list is already over, therefore, the appellant can't be appointed and he is free to participate in the fresh recruitment process, if any. After issuance of several communications, the appellant preferred subject W.P. No.18080/2022 before the learned Single Judge seeking quashment of communication dated 24.04.2018 and appointment on the post of Data Entry Operator in furtherance of letter dated 14.03.2018, by which, his consent was sought. Learned Single Judge by order dated 23.08.2022 dismissed the petition, which is under challenge in the instant intra court appeal.

5. Learned Single Judge after due consideration of the arguments advanced by the counsel for the appellant noted that waiting list was issued in the year 2014 and the validity period of waiting list was one year and therefore, it was valid only up to 2015. However, on 14.03.2018, a letter was issued to the appellant seeking his consent for appointment but later on the appointment was declined on the ground that the validity period of the waiting list was already over. Learned Single Judge held that, if any letter is issued under some misconception and misunderstanding and later on the authority concerned realized the mistake that has been committed, the authority can correct the same and no illegality has been committed in declining the appointment to the appellant as the validity period of the waiting list was already over and appellant could not be appointed in 2018, considering his position in the waiting list of 2014. We are in full agreement with the findings recorded by the learned Single Judge.

*Rest of the document can be viewed at: (https://mphc.gov.in/upload/jabalpur/MPHCJB/2025/WA/3386/WA_3386_2025_FinalOrder_26-02-2026_digi.pdf)

Disclaimer: Curated by HT Syndication.