MINAKSHI Vs. GENERAL ADMINISTATION DEPT.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following reliefs:-

(2.) The petitioner is aggrieved by the selection list dtd. 06/01/2025 whereby the name of petitioner has been excluded from selection. The case of the petitioner is that she had participated in the entrance examination of Rural Agricultural Extension Officer (Class-III) advertised on 06/04/2023, and as per the final result, her name appears at Sr. No.10 of waiting list dtd. 02/02/2024 against the OBC category. The petitioner's grievance is that after the final results were declared, many candidates who were selected, did not join, as a result of which, various vacancies have arisen, however, the respondents, instead of following the Rule No.11.2 and 11.3 of Madhya Pradesh Kanishtha Seva (Sanyukta Aharta) Pariksha Niyam, 2013, have selected only UR category persons against the vacancies on account of nonjoining of the UR category persons.

(3.) Counsel for the petitioner has drawn the attention of this Court to Rule 11.2 and 11.3 of the aforesaid Rules of 2013 which provides that any candidate belonging to the reserved category is selected in the unreserved category, in that case, his/her candidature shall be considered only under the unreserved category, and shall not be considered towards reserved category, whereas, Rule 11.3 provides that a person belonging to reserved category shall be adjusted towards the unreserved category, if it is found that otherwise he/she has secured the same marks as that of the unreserved category candidate. Counsel has submitted that the respondents have adopted a procedure that those vacancies left by the unreserved category are being filled by the unreserved category only instead of all the categories, and thus, it is submitted that the respondents may be directed to follow the proper procedure.