RAJJAN TIWARI Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard on the question of admission.

(2.) The facts giving rise to this writ petition are that around 17,000 posts of High School Teachers in various subjects in the schools run by the State Government were advertised, which were to be filled through High School Eligibility Test, 2018 conducted by the Professional Examination Board. The rules governing the service conditions and recruitment to M.P. School Education Service (Teaching Cadre), were published in Gazette of M.P. on 30th July, 2018 (Annexure P-1) which are called as "the M.P. School Education Service (Teaching Cadre), Service Conditions and Recruitment Rules, 2018 (for short 'the 2018 Rules"), which came into force w.e.f. 01.07.2018. The petitioner applied in two subjects i.e. Political Science and Economics in the unreserved category (Annexure P-3). The online eligibility test in Political Science subject was held on 09.02.2019. The result was declared on 28.08.2019 (Annexure P-5) in which the petitioner was declared qualified in Political Science subject having scored 94.44 marks out of 150 and he was disqualified in Economics subject.

(3.) The State Government vide circular dated 02.07.2019 (Annexure P- 7) has decided to provide 10% reservation to the Economically Weaker Sections (EWS) of the society in the admission to the Educational Institutions as well as in public employment in the State. Vide Notification published in the M.P. Gazette on 24.12.2019 (Annexure P-8), Clause (a) of sub-rule (7) of Rule 11 of the 2018 Rules has been substituted to reserve the posts for the candidates belonging to Economically Weaker Sections as well in compliance of the orders issued by the State Government from time to time in that behalf. Thereafter, in accordance with Rule 12(1) of the 2018 Rules under which the process of recruitment and preparation of select list is provided, the respondent No.2 issued a directory/instructions on 10.01.2020 (Annexure P-10) for counseling of the eligible candidates. As per Clause 5(1) and (2) of the said instructions, it was decided to grant the benefit of 10% reservation to the EWS unreserved candidates in the recruitment process for High School Teachers. Clause 15.1 of the said instructions sought for insertion of EWS status by the EWS unreserved eligible candidates in their profile whereas Clause 16 thereof provided for the candidates to keep the entire reservation related documents ready at their level prior to the date of uploading the documents on the portal. As per Clause 17 thereof, the candidates were granted time between 17 th January, 2020 to 2nd February, 2020 to register their EWS status in the profile. According to the petitioner, since he also belongs to Economically Weaker Sections of the society, he created his profile vide document Annexure P-9 and declared his status as EWS unreserved candidate but he could not procure the certificate before the cutoff date i.e. 2 nd February, 2020 and therefore, recreated his profile and again declared himself as Non-EWS candidate vide Annexure P-11. The petitioner has now been issued EWS certificate (Annexure P-13) by the Tehsildar in the month of June, 2020. The respondents have declared provisional select list. In Political Science subject in which the petitioner has qualified, as many as 18 candidates who have secured less marks than the petitioner have been selected. In this manner, this writ petition has been filed by the petitioner seeking to include his name in the provisional select list of EWS open candidates in Political Science subject.