Sadhana Singh Dangi vs Pinki Asati - 2021 Supreme(SC) 1045

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(SC) 1045

SUPREME COURT OF INDIA
Uday Umesh Lalit, S. Ravindra Bhat, Bela M. Trivedi, JJ.
Sadhana Singh Dangi & Others - Appellants
Versus
Pinki Asati & Others - Respondents
Civil Appeal No.7781 of 2021 (Arising Out of SLP (Civil) No.7811 of 2020)
With
State of Madhya Pradesh - Appellant
Versus
Pranjali Kekre & Another - Respondents
Civil Appeal No.7782 of 2021 (Arising Out of SLP(C) No.1111 of 2021)
With
State of Madhya Pradesh - Appellant
Versus
Neha Samdariya & Another – Respondents
Civil Appeal No.7783 of 2021 (Arising Out of SLP(C) No.1283 of 2021)
With
State of Madhya Pradesh - Appellant
Versus
Prabha Ghure & Another – Respondents
Civil Appeal No.7784 of 2021 (Arising Out of SLP(C) No.1288 of 2021)
With
State of Madhya Pradesh - Appellant
Versus
Ritu Dubey & Another – Respondents
Civil Appeal No.7785 of 2021 (Arising Out of SLP(C) No.15350 of 2020)
With
State of Madhya Pradesh & Another - Appellants
Versus
Pramila & Others – Respondents
Civil Appeal No.7786 of 2021 (Arising Out of SLP(C) No.15686 of 2020)
With
State of Madhya Pradesh & Another - Appellants
Versus
Praneeta Bhatele & Others – Respondents
Civil Appeal No.7787 of 2021 (Arising Out of SLP(C) No.15051 of 2020)
With
State of Madhya Pradesh & Another - Appellants
Versus
Sonu Pandey & Another – Respondents
Civil Appeal No.7788 of 2021 (Arising Out of SLP(C) No.14577 of 2020)
With
State of Madhya Pradesh - Appellant
Versus
Deepa Shrivastava & Another – Respondents
Civil Appeal No.7789 of 2021 (Arising Out of SLP(C) No.14891 of 2020)
With
State of Madhya Pradesh - Appellant
Versus
Kajal Saxena & Another - Respondents
Civil Appeal No.7790 of 2021 (Arising Out of SLP(C) No.216 of 2021)
With
State of Madhya Pradesh - Appellant
Versus
Kusumlata Rajak & Others – Respondents
Civil Appeal No.7791 of 2021 (Arising Out of SLP(C) No.15034 of 2020)
With
State of Madhya Pradesh - Appellant
Versus
Archana Namdeo & Another – Respondents
Civil Appeal No.7792 of 2021 (Arising Out of SLP(C) No.540 of 2021)
With
State of Madhya Pradesh & Another - Appellants
Versus
Neeloffer Khan & Others – Respondents
Civil Appeal No.7793 of 2021 (Arising Out of SLP(C) No.1118 of 2021)
With
State of Madhya Pradesh - Appellant
Versus
Deepti Gupta & Others – Respondents
Civil Appeal No.7794 of 2021(Arising Out of SLP(C) No.14232 of 2020)
With
State of Madhya Pradesh - Appellant
Versus
Anu Thakur & Others - Respondents
Civil Appeal No.7795 of 2021 (Arising Out of SLP(C) No.15342 of 2020)
With
State of Madhya Pradesh & Another - Appellants
Versus
Rashmi Sharma & Others – Respondents
Civil Appeal No.7796 of 2021 (Arising Out of SLP(C) No.14993 of 2020)
With
State of Madhya Pradesh - Appellant
Versus
Sapna Devi & Another – Respondents
Civil Appeal No.7797 of 2021 (Arising Out of SLP(C) No.14962 of 2020)
With
State of Madhya Pradesh - Appellant
Versus
Faiza Qureshi & Another – Respondents
Civil Appeal No.7798 of 2021 (Arising Out of SLP(C) No.15097 of 2020)
With
Ajay Kumar Savita & Others Etc. - Appellants
Versus
State of Madhya Pradesh & Others Etc. – Respondents
Civil Appeal Nos.7799-7800 of 2021 (Arising Out of SLP (C) Nos.20931-20932 of 2021 Arising Out of Diary No.17593 of 2020)
With
State of Madhya Pradesh - Appellant
Versus
Shanti Sharma & Another – Respondents
Civil Appeal No.7801 of 2021 (Arising Out of SLP(C) No.12839 of 2020)
With
State of Madhya Pradesh & Another - Appellants
Versus
Tanu Shree & Others – Respondents
Civil Appeal No.7802 of 2021 (Arising Out of SLP(C) No.11244 of 2020)
With
State of Madhya Pradesh & Another - Appellants
Versus
Jyoti Choubey & Others – Respondents
Civil Appeal No.7803 of 2021 (Arising Out of SLP(C) No.15567 of 2020)
With
Deepti Lilhare - Appellant
Versus
State of Madhya Pradesh & Others – Respondents
Civil Appeal No.7804 of 2021 (Arising Out of SLP (C) No.20933 of 2021 Arising Out of Diary No.25050 of 2020)
With
State of Madhya Pradesh & Another - Appellants
Versus
Garima Singh Baghel & Others – Respondents
Civil Appeal No.7805 of 2021 (Arising Out of SLP(C) No.14720 of 2020)
With
State of Madhya Pradesh - Appellant
Versus
Prachi Tiwari & Others - Respondents
Civil Appeal No.7806 of 2021 (Arising Out of SLP(C) No.16024 of 2020)
With
State of Madhya Pradesh - Appellant
Versus
Amrita Dwivedi & Another – Respondents
Civil Appeal No.7807 of 2021 (Arising Out of SLP(C) No.1275 of 2021)
With
State of Madhya Pradesh - Appellant
Versus
Sandhya Mishra (Tiwari) & Others – Respondents
Civil Appeal No.7808 of 2021 (Arising Out of SLP(C) No.212 of 2021)
With
State of Madhya Pradesh - Appellant
Versus
Priyanka Dwivedi & Another – Respondents
Civil Appeal No.7809 of 2021 (Arising Out of SLP(C) No.15329 of 2020)
With
State of Madhya Pradesh - Appellant
Versus
Anupama Agnihotri & Others – Respondents
Civil Appeal No.7810 of 2021 (Arising Out of SLP(C) No.1273 of 2021)
With
Meena Rathore - Appellant
Versus
State of Madhya Pradesh & Others - Respondents
Civil Appeal No.7811 of 2021 (Arising Out of SLP (C) No.20934 of 2021 Arising Out of Diary No.15003 of 2020)
With
Madhya Pradesh Public Service Commission - Appellant
Versus
Pinki Asati & Others – Respondents
Civil Appeal Nos.7812-7813 of 2021 (Arising Out of SLP(C) Nos.9701-9702 of 2020)
With
Kusumlata Rajak - Appellant
Versus
State of Madhya Pradesh & Others – Respondents
Civil Appeal No. 7814 of 2021 (Arising Out of SLP(C) No.8771 of 2020)
With
Anjna Bhatewara - Appellant
Versus
State of Madhya Pradesh & Others – Respondents
Civil Appeal No.7815 of 2021 (Arising Out of SLP(C) No.8762 of 2020)
With
State of Madhya Pradesh - Appellant
Versus
Anju Shukla & Others – Respondents
Civil Appeal No.7816 of 2021 (Arising Out of SLP(C) No.8243 of 2020)
With
State of Madhya Pradesh - Appellant
Versus
Laxmi Tiwari & Another - Respondents
Civil Appeal No.7817 of 2021 (Arising Out of SLP(C) No.15868 of 2020)
With
State of Madhya Pradesh & Another - Appellants
Versus
Arti Upadhyay & Others – Respondents
Civil Appeal No.7818 of 2021 (Arising Out of SLP(C) No.13602 of 2020)
With
State of Madhya Pradesh & Another - Appellants
Versus
Jyoti Gajbhiye & Others – Respondents
Civil Appeal No.7819 of 2021 (Arising Out of SLP(C) No.16065 of 2020)
With
State of Madhya Pradesh & Another - Appellants
Versus
Rakhi Dwivedi & Others – Respondents
Civil Appeal No.7820 of 2021 (Arising Out of SLP(C) No.550 of 2021)
With
State of Madhya Pradesh - Appellant
Versus
Anjana Bhatewara & Others Respondent
Civil Appeal No.7821 of 2021 (Arising Out of SLP(C) No.14567 of 2020)
With
State of Madhya Pradesh - Appellant
Versus
Alaknanda Tripathi & Others – Respondents
Civil Appeal No.7822 of 2021 (Arising Out of SLP(C) No.14819 of 2020)
With
State of Madhya Pradesh - Appellant
Versus
Bhavana Singh Bhadoriya & Another – Respondents
Civil Appeal No.7823 of 2021 (Arising Out of SLP(C) No.15872 of 2020)
With
State of Madhya Pradesh & Another - Appellants
Versus
Farhat Khan & Others – Respondents
Civil Appeal No.7824 of 2021 (Arising Out of SLP(C) No.14874 of 2020)
With
State of Madhya Pradesh & Another - Appellants
Versus
Lalima Vijayvargia & Others – Respondents
Civil Appeal No.7825 of 2021 (Arising Out of SLP(C) No.14237 of 2020)
With
State of Madhya Pradesh - Appellant
Versus
Pragya Dubey & Another – Respondents
Civil Appeal No.7826 of 2021 (Arising Out of SLP(C) No.14711 of 2020)
With
State of Madhya Pradesh - Appellant
Versus
Dr. Ekta Jain & Another - Respondents
Civil Appeal No.7827 of 2021 (Arising Out of SLP(C) No.210 of 2021)
With
State of Madhya Pradesh & Another - Appellants
Versus
Rashmi Jha & Others – Respondents
Civil Appeal No.7828 of 2021 (Arising Out of SLP(C) No.546 of 2021)
With
State of Madhya Pradesh & Another - Appellants
Versus
Shalini Shukla & Others – Respondents
Civil Appeal No.7829 of 2021 (Arising Out of SLP(C) No.13926 of 2020)
With
State of Madhya Pradesh & Another - Appellants
Versus
Gurjeet Kaur Chawla & Others – Respondents
Civil Appeal No.7830 of 2021 (Arising Out of SLP(C) No.15430 of 2020)
With
Kamlesh Kumar - Appellant
Versus
State of Madhya Pradesh & Others – Respondents
Civil Appeal No.7831 of 2021 (Arising Out of SLP (Civil) No.20936 of 2021 Arising Out of Diary No.21542 of 2021)
Decided On : 16-12-2021

Headnote:
Constitution of India, 1950 – Article 226 – Reservation of posts for women – Special reservation in favour of physically handicapped – Whether OBC (Female) who scored more marks than General Category woman candidates would secure a seat/post in unreserved female category – Whether in a case of horizontal reservation, reserved-category candidates scoring higher marks than General Category candidates would be entitled to get a seat/post of un-reserved categories –Held, Court have, therefore, no hesitation in setting aside judgment and order under appeal and in dismissing writ petitions and other connected matters challenging revised Select List – Court now turn to issue presented, learned Senior Advocate, for our consideration – It is quite clear that candidates represented were placed at a higher position in Select List but unfortunately they were not given appointments along with candidates who were at a lower level – These candidates cannot be held responsible for anomaly which has arisen as a result of their late appointments – In order to do complete justice, court, therefore, direct – All candidates who were at higher positions in merit but were appointed later shall be deemed to have been appointed on the earliest of the dates when their juniors or candidates at lower levels were appointed – Their seniority shall be reckoned from such deemed date of appointment and not from their actual date of appointments – Issue of probation for all categories of candidates shall be considered together as one single batch and issue of probation shall not be segregated amongst members of batch – All such candidates who were at higher levels of revised list shall be entitled to their salaries and emoluments for period of about seven months for which they were deprived of service – Appeals disposed of.

ORDER :

1. Leave granted.

2. These appeals challenge the final judgment and order dated 29.04.2020 passed by the High Court¹[The High Court of Madhya Pradesh, Principal Seat at Jabalpur] in Writ Petition No.19126 of 2019 and in other connected matters.

3. The present controversy arises out of the process of selection undertaken pursuant to Advertisement dated 12.12.2017 issued by the Madhya Pradesh Public Service Commission (“MPPSC” for short) inviting applications for the posts of Assistant Professors in various disciplines.

4. After the process of selection was over, the Select List was published by the MPPSC which gave rise to challenge by way of Writ Petition No.21091 of 2018 before the High Court. The challenge, however, stood disposed of on a statement made by the learned Advocate General for the State that a revised list would be published after considering all the issues and various objections raised by the concerned parties. Later, revised Select List for various disciplines were published on different dates during the period 20.08.2019 to 03.10.2019.

5. This led to the fresh challenges in the form of Writ Petition No.19126 of 2019 and other connected matters. The questions that arose for consideration, were set out by the High Court in the judgment under appeal as under:-

“25. In view of the aforesaid submissions, the issue which has crystallized for consideration is that - “Whether the OBC (Female) who scored more marks than the General Category woman candidates would secure a seat/post in unreserved female category; and whether in a case of horizontal reservation, reserved-category candidates scoring higher marks than General Category candidates would be entitled to get a seat/post of un-reserved categories?”

5.1 The challenge so raised was accepted by the High Court in its judgment under appeal and it was observed that the revised Select List did not represent the correct position in law and was required to be modified. The High Court considered the matter from the standpoint of facts which were stated as under:

“Subject : Geography

Total Seats – 36 UNR + 13 SC + 18 ST + 17 OBC =84

Unreserved UNR (36)		Scheduled Caste SC (13)		Scheduled Tribe ST (18)		Other Backward Class OBC (17)
Unreserved or Open Seats	33% Women reservation as per rules of 1997	Reserved as per Act of 1994	33% women reservation as per Rules of 1997	Reserved as per Act of 1994	33% women reservation as per Rules of 1997	Reserved as per Act of 1994	33% women reservation as per Rules of 1997
Category UNR	Category UNR (F)	Category SC	Category SC(F)	Category ST	Category ST(F)	Category OBC	Category OBC(F)
24	12	9	4	12	6	11	6