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2022 Supreme(MP) 5

SUJOY PAUL, DWARKA DHISH BANSAL
Kishor Choudhary S/o Shriram Choudhary – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Shri Vibhor Khandelwal, Shri Ashish Agrawal.
For the Respondents: Shri Ashish Anand Bernard, Shri Bharat Singh, Shri Pramod Thakre, Shri A.S. Baghel.

JUDGMENT :

SUJOY PAUL, J.

1. Few writ petitions of this batch of 49 petitions are filed assailing constitutionality of sub-section (4) of Section 4 of Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994 (Adhiniyam) whereas rest of them are filed with a prayer to declare Rule 4(3)(d) III of Amendment dated 17 February 2020 in Madhya Pradesh State Service Examination Rules 2015 (Examination Rules) as ultra-vires.

2. The admitted facts between the parties are that Madhya Pradesh Public Service Commission (PSC) published an advertisement on 14.11.2019 for conducting State Service Examination 2019 for a total 571 posts including the posts for reserved category. In furtherance thereof, the petitioners submitted their candidature in prescribed form for appearing in the said examination. On 12.1.2020, preliminary exam was conducted by P.S.C. Soon thereafter, the impugned amendment in the Rules came into being by publishing it in the Official Gazette on 17.2.2020. The result of said examination was declared on 21.12.2


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