GARGI SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner, a general category candidate who submitted her candidature for the post of Patwari and whose name is removed from the select list, has invoked the jurisdiction of this Court under Article 226 of the Constitution.

(2.) The respondents issued an advertisement to fill up the posts of Patwari. It is contended by the petitioner that the instant recruitment was pursuant to advertisement No.1653/Bhu.Abhi./Pat.-Pariksha/ 2004, which was amended by notice dated 5.12.2004 (filed with IA No. 6570/06). It is contended that the posts were reserved amongst General, OBC and SC. The petitioner along with other eligible candidates submitted her candidature. The petitioner was required to participate in the written examination. She appeared in the written examination and thereafter a select list was issued on the basis of merits of the candidates. The select list (Annexure P/3) shows the name of petitioner in the general category (woman). The petitioner has secured 56 marks. However, subsequently the respondents issued the order, Annexure P-1, and modified the earlier order, Annexure P-3. In the list of general category (woman), the petitioner's name was deleted and name of Sadhna Gupta was inserted. Criticizing this order, it is contended by Shri Devendra Sharma that there is no provision of reserving the post for general category (male). The respondents have erred in dividing the list of general category amongst male and female candidates. Sadhana Gupta secured sufficient marks to get a position in the main general category list and, therefore, insertion of her name in the female category, which resulted into ousting of petitioner's name, is impermissible.

(3.) Prayer is opposed by Shri Pravin Newaskar, learned Deputy Government Advocate.