STATE OF MADHYA PRADESH Vs. RITESH KUMAR SHARMA

JUDGEMENT

(1.) This is a petition under Article 227 of the Constitution of India filed by the State of Madhya Pradesh challenging the order dated 22-6-1999 passed by the Madhya Pradesh Administrative Tribunal, Bhopal Bench, (for short the Tribunal') in Original Application No. 502/1998.

(2.) The relevant facts are that Madhya Pradesh Public Service Commission (hereinafter referred to as the 'PSC') issued an advertisement dated 9-4-1998 inviting applications from the candidates for recruitment to the State Civil Services Examination. Pursuant to a circular dated 2-12-1997 of the State Government, the advertisement stipulated in condition No. 4 that the candidate must have passed Higher Secondary or the Graduate degree from any school or college in the State of Madhya Pradesh. In response to the said advertisement, the respondent No. 1 submitted his application before the respondent No. 2/PSC, but his candidature was rejected by the PSC on the ground that he had not passed either Higher Secondary or Graduate degree from any school or college in the State of Madhya Pradesh and, therefore, did not satisfy the said condition No. 4 of the advertisement issued by the PSC. The respondent challenged the said condition No. 4 as well as the communication dated 17-6-1998 of the PSC rejecting his candidature before the Tribunal in Original Application No. 502/1998 contending that he was born in Sagar in the State of Madhya Pradesh on 11-9-1974 and had studied in Madhya Pradesh up to Vlth Class, and thereafter since his father who was a Police Officer, was transferred out of the State, he could not prosecute his studies in Madhya Pradesh but had to pursue his studies outside Madhya Pradesh. The respondent further stated in his application before the Tribunal that he had passed All India Secondary School Examination (10th class) from the Central School, Agartala in the year 1989 and the Central Board of Secondary Education Examination (12th Class) from Delhi Pubic School, Delhi in 1991 and thereafter graduated from the Delhi University in 1994. He further contended before the Tribunal that the said condition No. 4 in the advertisement issued by the PSC restricting the candidature for State Civil Services examination in the State of Madhya Pradesh only to persons who had passed Higher Secondary Examination or obtained Graduate Degree from the schools or colleges in Madhya Pradesh, was violative of the right to equality in the matter of public employment guaranteed under Articles 14 and 16 of the Constitution of India. By the impugned order dated 22-6-1999, the Tribunal held that condition No. 4 of the Advertisement as well as the Government Circular dated 2-12-1997 are arbitrary, unreasonable, discriminatory and violative of the equality provisions of Articles 14 and 16 of the Constitution of India and accordingly, quashed the rejection of candidature of the respondent by letter dated 17-6-1998 of the PSC and further directed that the result of the respondent, who had already taken the State Civil Services Examination pursuant to the interim direction of the Tribunal, would be declared and based on such result, further action, as per rules, be taken by the petitioner.

(3.) Mr. Vivekanand Awasthy, learned Government Advocate appearing for the State of M.P., submitted that in Para 3 of the impugned order dated 22-6-1999, the Tribunal has stated that no return has been filed by the State although sufficient time and opportunity was granted to it. He submitted that, in fact, a return had been filed by the State of M.P. and the Tribunal has not considered the said return and yet held that the circular dated 2-12-1997 of the State Government and condition No. 4 of the advertisement issued by the PSC are violative of the equality provisions in Articles 14 and 16 of the Constitution of India. He referred to the return filed by the State of M.P. before the Tribunal to show the reasons for the circular dated 2-12-1997 of the Government limiting the candidature for the State Civil Services Examination to only those candidates who had passed Higher Secondary Examination or obtained Graduate Degree from the schools or colleges in the State of Madhya Pradesh. He vehemently argued that it is well settled that Article 14 of the Constitution of India permits reasonable classification of persons and that the classification of persons who had passed Higher Secondary Examination or obtained Graduate Degree in Madhya Pradesh was a reasonable classification and, therefore, the circular dated 2-12-1997 of the Government and the condition No. 4 in the advertisement issued by the PSC were not violative of the equality provisions of Article 14 of the Constitution of India.