LAWS(MPH)-2017-2-101

MAYANKASAKET Vs. STATE OF M.P. AND OTHERS

Decided On February 14, 2017
Mayankasaket Appellant
V/S
State of M.P. and Others Respondents

JUDGEMENT

(1.) The interesting conundrum in this petition filed under Art. 226 of the Constitution is whether the petitioner, a S.C. candidate is entitled to get vertical and horizontal reservations in view of her caste and on account of the fact that there exists a parallel reservation for women candidates.

(2.) In short, the relevant facts are that the petitioner pursuant to an advertisement (Annexure P/5) issued in May, 2015 by Director of Technical Education, Government of Madhya Pradesh submitted her on-line application for the post of Lecturer for various Autonomous/Government/ Women Polytechnic Colleges in State of Madhya Pradesh. The petitioner submitted her candidature against the post of Lecturer in the stream of electronics and communication. In turn, petitioner was invited to appear in the interview on 27-8-2015. The names of candidates who were called for interview were shown in the official website of the department Annexure P/6.

(3.) After interviews were over, respondents posted the merit list as well as waiting list of Unreserved (UR), SC, ST and OBC categories in their official website on 18-9-2015 Annexure P/7. Petitioner's name finds place at Sr. No. 8 in the waiting list of S.C. category. Shri Gautam Prasad, learned counsel for the petitioner by taking this Court to Annexure P/7 contends that in the merit list of S.C. category which contains names of 14 candidates, only one female candidate finds place namely Ms. Kanti Prajapati. Thus, as a female S.C. category candidate, petitioner should be placed just below Ms. Kanti Prajapati.