PINKI ASATI Vs. STATE OF M.P.

JUDGEMENT

(1.) In this batch of writ petitions, invoking writ jurisdiction under Article 226 of the Constitution of India, the petitioners have assailed the legality of the revised Select List issued by the M.P. Public Service Commission, Indore [for short, "the MPPSC"], whereby private respondents, who submitted their candidature against reserved category in Other Backward Class Female (OBCF) for the post of Assistant Professors in different subjects, have been selected and allotted Unreserved Female (UNRF) posts/seats, however the petitioners have been kept in waiting list denying selection. Thus, in the obtaining factual matrix, the petitioners have agitated their grievance in the present batch of writ petitions, wherein the following issue has cropped up for consideration :

(2.) Regard being had to the commonality of controversy, the writ petitions were heard together and are being disposed of by common order. For the sake of convenience, the facts from W.P. No.19126/2019 (Pinki Asati vs. State of M.P.) are adumbrated herein. Before adverting to the issue, it is condign to refer the pleadings and submissions canvassed on behalf of the petitioners, respondents and interveners as well, in W.P. No.19126/2019.

(3.) The Madhya Pradesh Public Service Commission issued an advertisement, dated 12-12-2017, called as "Assistant Professor Examination - 2017" for the post of Assistant Professors in various disciplines. Three types of vacancies were advertised. We have taken example of post in the subject of Geography from the case of Pinki Asati (W.P. No.19126/2019). The first was of backlog posts, in which there was no post for the "unreserved category". The second type of posts were the posts which fell vacant due to promotion/superannuation, in which there were total 36 posts, out of which 16 posts were meant for unreserved category and 5 posts out of said 16 posts of unreserved category were reserved for Female Unreserved Category (UNRF) under the 33% reservation provided in the M.P. Civil Services (Special Provision for appointment of Women) Rules, 1997 [hereinafter referred to as "1997 Rules"]. The third type of posts were newly created posts in which there were total 40 posts out of which 20 posts were for unreserved category and 7 posts out of said 20 posts of unreserved category were reserved for Female Unreserved Category (UNRF). Thus, out of total 36 posts of Unreserved Category (UNR), 12 posts were reserved for the UNRF, as mandated in the 1997 Rules. At this juncture it is useful to refer the relevant part of the advertisement which is extracted hereunder :