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2020 Supreme(MP) 509

AJAY KUMAR MITTAL, VIJAY KUMAR SHUKLA
Pinki Asati – Appellant
Versus
State of M. P. – Respondent


Advocates:
Suyas Mohan Guru, Kailash Chandra Ghildiyal, Manas Mani Verma, Amit Seth, Bramhanand Pandey, Shailesh Tiwari, Jubin Prasad, Sanjay Kumar Agrawal, L.C. Patne, Swapnil Ganguly, Brijesh Kumar Mishra, Ashish Choubey, Brijendra Kumar Mishra,Praveen Kumar Pandey, ArunKumar Singh, Ashok Kumar Gupta, Amit Khatri, Anshuman Singh,Chandra Kant Patne, Harshmeet Hora, Pawan Kumar Dwivedi, Nitin Singh Bhati, Gopi Chourasiya, Rajneesh Sharma and Brahmendra Prasad Pathak for petitioners; Himanshu Mishra, Government Advocate for respondents/State; Prashant Singh with Anshul Tiwari for M.P. Public Service Commission; Smt. Shobha Menon with Rahul Choubey, Naman Nagrath with Jubin Prasad, Kailash Chandra Ghildiyal, Akash Choudhary, Sanjeev Kumar Mishra, A.S. Raizada, Manish Kholia, Shivam Mishra, Aditya Narayan Shukla, Kabeer Paul, Parag S. Chaturvedi, Pramod Kumar Thakre, Rahul Rawat, Ashish Shroti, Vibudhendra Mishra, Amit Seth, K.S. Jha, Rakesh Pandey, Avinash Zarger, Himanshu Chouhan, Bharat Kumar Dubey, Kamalnath Nayak, Saurabh Singh Sengar for other respondents and interveners.

ORDER

Shukla, J.-- 1. In this batch of writ petitions, invoking writ jurisdiction under Article 226 of the Constitution of India, the petitioners have assailed the legality of the revised Select List issued by the M.P. Public Service Commission, Indore [for short, “the MPPSC”], whereby private respondents, who submitted their candidature against reserved category in Other Backward Class Female (OBCF) for the post of Assistant Professors in different subjects, have been selected and allotted Unreserved Female (UNRF) posts/seats, however the petitioners have been kept in waiting list denying selection. Thus, in the obtaining factual matrix, the petitioners have agitated their grievance in the present batch of writ petitions, wherein the following issue has cropped up for consideration :

Whether a candidate having opted to participate in a competitive examination as a reserved category candidate, can be permitted to migrate to General Category in UNRF category ? In other words, a candidat

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