ADITYA TIWARI Vs. STATE OF M.P.

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner has called in question the action of respondents in making the select list for appointment of candidates on the post of Sub Inspector (Radio) in the Police Department of Government of Madhya Pradesh. It is contended that pursuance to the advertisement issued by the Madhya Pradesh Professional Examination Board (hereinafter referred to as the Board for brevity), the petitioner and many other candidates have taken part in the written examination. Such an examination was conducted for many vacancies in different disciplines and categories in the Police force of the State of Madhya Pradesh. After the written test, a physical test was held at Bhopal, and thereafter interviews have taken place. Those who secured merit marks in all the aforesaid three tests were selected and a final result was declared. However, as against 575 vacancies advertised, only 462 candidates were selected and appointed. When the petitioner verified his final result, he could know that he has secured total 226 marks, but was not allotted any post. A similarly situated person, the respondent No.4, who too has received total 226 merit marks in all the aforesaid three test, was allotted the post of Sub Inspector (Radio). This being so, the petitioner initially challenged the action of the respondents in respect of appointment of respondent No.4 only. Later on, the facts came to the notice of the petitioner that selection was made in respect of certain other candidates and some of the candidates though were not eligible, were said to be selected superseding the claim of the petitioner, therefore, exhaustive amendments were made in the writ petition. The said selected candidates were made party and claims were made for appointment on the post of Sub Inspector (Radio).

(2.) It is contended in the writ petition that though the posts as were mentioned in the broacher of advertisement were reserved for certain categories, when the persons were not found in the said category, the posts were required to be filled in from amongst the persons of the General category. This being so, though the petitioner was a candidate of General category, having secured sufficient marks but was not offered any post. Therefore, his contention was that such a selection was vitiated and the appointment of one of such reserved category candidates against the vacancy of General category was liable to be quashed.

(3.) This Court has entertained the writ petition, allowed the amendment in the same and thereafter issued the notices to the respondents. Only the respondents No. 1 and 2 have filed their return and have contested the matter. The respondents have categorically contended that there were 30 posts of Sub Inspector (Radio), out of which 15 were in the General category and rest of the posts were distributed to the Scheduled Caste, Scheduled Tribes and Other Backward Classes. According to them, six posts were reserved for the Scheduled Tribe category, five posts were reserved for the Scheduled Caste category and four posts were reserved for Other Backward Class category. Thus, a vertical reservation, was made. Further, a horizontal reservation was prescribed, in each aforesaid category. It is described by them that out of fifteen posts in General category eight were open category, five posts were reserved for female candidates, one post was reserved for Police personnel and ex-serviceman. Similarly in the Scheduled Tribe community, three posts were in the open category, two posts were reserved for female candidates and one post was reserved for ex-serviceman. In Scheduled Caste community, two posts were in the open category, two posts reserved for the female candidates and one post was reserved for the ex-serviceman. Almost, similar was the position in the Other Backward Class category, where three posts were reserved in open category and one for the female candidate. It is contended by the respondents in their return that when the final select list was made available, keeping in view the option for the particular post, the claims were considered. Out of nine posts available in General category including one which was reserved for the police personnel, selection was made. There were three posts in the open category for the Scheduled Tribe candidates and they were also taken into consideration. There were two posts for Scheduled Caste category and three posts for Other Backward Class category available as open and, therefore, keeping in view one post for Scheduled Caste available in female category, total for eighteen posts, the selection was made. It was considered that Other Backward Class candidates who have achieved more marks than the General category candidates, were said to be selected for the posts in General category on account of their merits. Eight posts of General category were filled in by making selection of three General category candidates and five Other Backward Class candidates on account of their merits. One Ranjeet Gupta was selected as unreserved against the vacancy of Police person in General category. Similarly, it is their contention that the Scheduled Caste candidates and Other Backward Class candidates as well as Scheduled Tribe candidates were selected against the vacancies available for them.