LAWS(MPH)-2011-2-63

CHITRALEKHA SHAKYA Vs. STATE OF M P

Decided On February 08, 2011
CHITRALEKHA SHAKYA Appellant
V/S
State of Madhya Pradesh and Another Respondents

JUDGEMENT

(1.) Briefly stated the facts of the case relevant for the disposal of this writ petition are that the petitioner belongs to a reserved category and was born in Chhattisgarh. She got married in Jaura under the jurisdiction of District Morena, Madhya Pradesh. She has done her degree of Bachelor of Engineering in Electronics Engineering from MITS College, Gwalior. She was an aspirant for her appointment to the post of Lecturer advertised by M.P. Public Service Commission in 2005. She applied for her appointment against a post reserved for Scheduled Caste. She was not found eligible for her appointment against a reserved seat as she did not originally belong to State of Madhya Pradesh. She has, therefore, filed the present writ pptition seeking following reliefs :-

(2.) In response to the notice of this writ petition, reply has been filed by the M.P. Public Service Commission being respondent No. 2 herein. The reliefs claimed by the petitioner in the present writ petition have been opposed by respondent No. 2 mainly on the ground that in terms of advertisement, the petitioner was not eligible for her appointment against a reserved seat as she did not originally belong to State of Madhya Pradesh.

(3.) The only short question that arises for consideration in the present writ petition is whether the petitioner on the basis'of her marriage in the State of Madhya Pradesh can claim appointment against a post reserved for Scheduled Caste candidate who originally belongs to State of Madhya Pradesh.