KISHOR CHOUDHARY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Few writ petitions of this batch of 49 petitions are filed assailing constitutionality of sub-sec. (4) of Sec. 4 of Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994 (Adhiniyam) whereas rest of them are filed with a prayer to declare Rule 4(3)(d) III of Amendment dtd. 17/2/2020 in Madhya Pradesh State Service Examination Rules 2015 (Examination Rules) as ultra vires.

(2.) The admitted facts between the parties are that Madhya Pradesh Public Service Commission (PSC) published an advertisement on 14/11/2019 for conducting State Service Examination 2019 for a total 571 posts including the posts for reserved category. In furtherance thereof, the petitioners submitted their candidature in prescribed form for appearing in the said examination. On 12/1/2020, preliminary exam was conducted by P.S.C. Soon thereafter, the impugned amendment in the Rules came into being by publishing it in the Official Gazette on 17/2/2020. The result of said examination was declared on 21/12/2020 on the basis of amended Rules of 2020. Aggrieved, these batch of writ petitions were filed.

(3.) In these petitions, the respondents were put to notice and in turn, they filed reply. After receiving notices in the petitions, yet another amendment dtd. 20/12/2021 was published in the Official Gazette on 20/12/2021 amending the said Examination Rules. On 31/12/2021 the PSC declared the result of said examination (mains) and proceeded further to take interview of the candidates. Contentions of petitioners:-