LAWS(MPH)-2006-7-78

RAM ASHISH SHUKLA Vs. STATE OF M P

Decided On July 19, 2006
Ram Ashish Shukla Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) IN invocation of the extraordinary and inherent jurisdiction of this Court under Article 226 of the Constitution of India the petitioners, three in number, who belong to General Category have called in question the constitutional validity of the Rules 20 (10) and 20 (11) of Pre -P.G. Rules, 2006 (for brevity 'the Rules') as contained in Annexure P -1.

(2.) THE facts which have been pleaded in the writ petition need not be stated in detail since Mr. Shashank Verma, learned counsel appearing for the petitioners has founded the assail on a singular substratum that the sequence that has been provided in Rule 20 (10) is violative of concept of reservation and further runs counter to Article 14 of the Constitution of India being arbitrary and irrational. It is contended by him that by arrangement of such sequence the General Category is kept out of competition though they are entitled to compete as per law. The learned counsel for the petitioners further submitted that Rule 20 (11) is also untenable on the selfsame ground.

(3.) TO appreciate the aforesaid submissions it is thought condign to refer to Rule 8 which deals with reservation. It reads as under :