The Madhya Pradesh High Court held the recruitment process must be conducted and completed in consonance with unamended examination rules of Madhya Pradesh State Service Examination Rules 2015.
Justice Sujoy Paul and Justice DD Bansal held “the recruitment process must be conducted and completed in consonance with unamended Examination Rules of 2015”, the court order said.
The court set aside the amendment done by the government in rule 4(3)(d)(III) of Madhya Pradesh State Service Examination Rules 2015 on February 17, 2020.
The amendment related to adjustment of eligible candidates of reserved category in the unreserved category on basis of marks “will only be at the time of final selection and not at the time of preliminary /main examination”, the petitioner counsel Aditya Sanghi said.
“The rule 4(3)(d)(III) introduced by Amendment in Examination Rules on 17.02.2020 is declared as ultra vires and set aside”, the court order said.
“It is declared as unconstitutional because it runs contrary to Nine Judges Bench judgment of Supreme Court in Indra Sawhney (supra)and does not have any rational and basis for depriving the reserved category candidate securing equal or more marks qua general category candidates from securing birth as U.R. candidate in all stages of selection”, the court order said.
The court upheld the provision of Section 4 of Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994 (Adhiniyam) “for there is no element of unconstitutionality in this provision”.
“It is in consonance with Article 14 and 16 of the Constitution of India”, the court order said.
“The common ground taken by all the petitioners were that the selection process started with issuance of advertisement on 14.11.2019”, the court order said.
“As per the Rules prevailing at that point of time, the respondents were obliged to treat the reserve category candidates who have secured marks equal or more to an UR candidate as UR candidate at all stages including
preliminary and main examination”, the court order said.
“This procedure laid down in the main rules could not have been changed to the detriment of the petitioners after game was started”, the court order said.
“In nutshell, it is argued that Rules of game cannot be permitted to be changed after commencement of the game”, the court order said.
The Madhya Pradesh Public Service Commission (MPPSC) published an advertisement on November 14, 2019 for conducting State Service Examination 2019 for a total 571 posts including deputy collector and deputy superintendent of police, the petitioner counsel said.
On January 12, 2020, preliminary exam was conducted by MPPSC, the counsel said.
On December 31, 2021 the MPPSC declared the result of main examination and proceeded further to take interview of the candidates, the counsel said.
The court issued order on a bunch of 49 writ petitions challenging these provisions related to selection in the State Services Examinations conducted by the MP Public Service Commission (MPPSC).
