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2018 Supreme(MP) 542
IN THE HIGH COURT OF MADHYA PRADESH
SANJAY YADAV, ASHOK KUMAR JOSHI, JJ.
Chairman, Public Service Commission and another - Appellants
Versus
Dr. Sanjeev Khemaria and others - Respondents
W.A. No. 420 of 2017
Decided On : 12-01-2018
For the Appellant : R.D. Jain with S.K. Jain.
For the Respondents:K.B. Chaturvedi, Senior Counsel with G.P. Chaurasiya., Smt. Nidhi Patankar, Government Advocate.
In horizontal reservation, candidates selected on the basis of reservation in any category cannot be allowed to migrate to another category based on merit.
Headnote:
Reservation - Competitive Examination - Migration from Reserved Category to General Category
Fact of the Case:
The issue in the present appeal was whether a candidate who opts to take up a competitive examination as a reserved category candidate can be permitted to migrate to the General Category if they obtain marks higher than those obtained by the candidates of the General Category.
Finding of the Court:
The court referred to previous decisions and held that when a reservation is horizontal, the candidate selected on the basis of reservation in any category has to be fixed in said category and cannot be allowed to migrate to another category. The concept of migrating from one category to another on the basis of merit may hold good in vertical reservation but in horizontal reservation the same is not applicable.
Issues: The issue of migration from reserved category to general category in competitive examinations.
Ratio Decidendi: The court interpreted that in horizontal reservation, candidates selected on the basis of reservation in any category cannot be allowed to migrate to another category based on merit.
Final Decision: The appeal was partly allowed with a modification regarding the imposition of cost, which was set aside in the given facts of the present case.
1. Shri R.D. Jain, learned Senior Counsel with Shri S.K. Jain, learned counsel for the appellants.
Shri K.B. Chaturvedi, learned Senior Counsel with Shri G.P. Chaurasiya, learned counsel for respondent No. 1.
Smt. Nidhi Patankar, learned Government Advocate, for respondent No. 4/State. With the consent of learned counsel for the parties, matter is finally heard.
2. The issue, raised in the present appeal, as to whether a candidate who opts to take up a competitive examination not as a General Category/Unreserved category but as a reserved category candidate belonging to SC/ST/OBC, as the case may be, thus, competing amongst the candidates of his/her category, if obtain marks higher than obtained by the candidates of a General Category can be permitted to incur in the General Category, in other words, whether a candidate having opted to participate in a competitive examination as a reserved category candidate can be permitted to migrate to General Category which crops up for consideration herein has been answered by a Division Bench of this Court in W.A. No. 414/2017, Surendra Singh Yadav v. State of M.P. [2017 MPLJ Online 12] and W.A. No. 940/2017, Madhya Pradesh Public Service Commission v. Dr. Nabhikishore Chaudari [2017 MPLJ Online 12] wherein the decision rendered by the Single Judge has been upheld holding:
“(11) Thus, when a reservation is horizontal, then the candidate selected on the basis of reservation in any category has to be fixed in said category and cannot be allowed to migrate to other category. The concept of migrating from one category to another on the basis of merit may hold good in vertical reservation but in horizontal reservation the same is not applicable.”
3. In view whereof, the present appeal also stands disposed of in the same terms with a modification qua imposition of cost of Rs. 10,000/- which we, in the given facts of the present case, set aside.
4. Consequently, Appeal is partly allowed to the extent above.
