ANAND BALE Vs. STATE OF M.P

JUDGEMENT

(1.) The petitioner before this Court has filed this present petition being aggrieved by the action of the respondents in not reserving the vacancies in the cadre of Lecturer Prosthodontrics for Scheduled Caste category. The contention of the petitioner is that he belongs to Scheduled Caste Category and holds a Bacherlor's Degree in Dentistry as well as a Master's Degree.

(2.) He has further stated that he was appointed as a Tutor in Prosthodontrics Department and has joined the department in September 2009. The petitioner has further stated that an advertisement was issued as contained in Annexure P/2 on 8/9/09 inviting applications for the post of Lecturer and one solitary post advertised by the respondents was for General Category. The petitioner has categorically stated that in the department of Prosthodontrics 3 posts of lecturer are sanctioned and one post was occupied by Dr. Alka Gupta a candidate belonging to General Category, one post was occupied by Dr. Mukesh Soni belonging to OBC and one post was occupield by Dr. Subhash Sonkeshri who as a Member of Scheduled Tribe.

(3.) The petitioner has placed heavy reliance on a roster prepared by the State Government for filling up the vacancies and his contention is that as per the roster endorsed along with the petition at page 43, in case of 3 posts, the first post has to be filled up by unreserved category, second post by a scheduled tribe candidate and the third post is to be filled up again by a candidate belonging to the unreserved category. He has further stated that as per para 2 of the roster the first available vacancy after filling up the posts as aforesaid has to be made available to a Scheduled Caste candidate and the second vacancy arising has to go to unreserved category and the third vacancy has to be filled by OBC candidate. He has further stated that Dr. Alka Gupta has been promoted to the post of Reader and therefore as per para 2 of the model roster the first available vacancy has to be filled up by appointing a scheduled caste candidate. The petitioner has prayed for issuance of an appropriate writ, order or direction directing the respondents to consider the candidature of the petitioner and to appoint him being a candidate belonging to Scheduled Caste category. A reply has been filed by the State Government and the contention of the respondent - State is that Rules have been framed for providing reservation to Scheduled Caste, Scheduled Tribe and OBC candidates known as M P Public Service (Reservation of ST / SC and OBC) Rules, 1998.