AJIT YADAV Vs. STATE OF M.P.

JUDGEMENT

(1.) It is the case of petitioners that meritorious candidates of reserved category who migrated to unserved category, have been put to disadvantage because lesser meritorious candidates of their respective category who remained in their reserved category, got better choice/ preference in allocation of service. It is contended that the issue raised in these writ petitions is same and similar and no more res integra as has already been decided by the Hon'ble Supreme Court in the case of Praveen Kumar Kurmi vs. State of M.P. and others vide its judgment 24/2/2022 passed in Civil Appeal No.7663/2021 wherein the Hon'ble Supreme Court has held that the working out of the reservation policy though is in accordance with the judgment of the Supreme Court in the case of Indra Sawhney and another vs. Union of India, 1992 Supp 3 SCC 217, however, the allocation of service would be based on merit and a more meritorious candidate would not be put to a disadvantage on account of working out of the reservation policy in terms of the judgment of the Supreme Court in Indra Sawhney (supra).

(2.) The learned Additional Advocate General vehemently opposed the petitions, but could not point out any distinguishing feature from the case of Praveen Kumar Kurmi (supra).

(3.) In Praveen Kumar Kurmi (supra) it has been held by the Hon'ble Supreme Court in para 12 as under:-