ORDER

1. Heard finally, with consent of the learned counsel for the parties.

The petitioner has filed this petition under Article 226 of the Constitution of India being aggrieved by order dated 14.3.2022 (Annexure P/1) passed by Additional Secretary, Farmer Welfare & Agriculture Development Department, State of Madhya Pradesh, Bhopal, whereby his appointment vide order dated 29.12.2021 (Annexure P/6) on the post of Dean, College of Agriculture, Indore has been cancelled.

2. According to the petitioner, he belongs to an Other Backward Class (OBC) Category. On 17.1.1986, the petitioner was initially appointed as Research Associate in Jawarlal Nehru Krishi Vishwa Vidyalaya; and thereafter, appointed as a Professor / Junior Scientist (Agronomy) in Indira Gandhi Krishi Vishwa Vidyalaya. In the year 2007, he was promoted to the post of Professor / Principal Scientist in Rajmata Vijayraje Scindia Krishi Vishwa Vidyalaya Gwalior (respondent No.2).

3. The State of Madhya Pradesh (Respondent No.1) issued an advertisement on 11.6.2021 (Annexure P/2) inviting applications for appointment on four vacant posts of Dean in the Colleges of Agriculture / Horticulture affiliated with Rajmata Vijayraje Scindia Krishi Vishwa Vidyalaya Gwalior (respondent No.2).

4. The petitioner applied for the post of Dean of the College under the OBC Category. The petitioner was found eligible amongst the other applicants / candidates in the interview conducted by the Selection Committee. Respondent No.2 issued an appointment order dated 29.12.2021 (Annexure P/6) in favour of the petitioner for the post of Dean, College of Agriculture, Indore; and pursuant thereto, the petitioner gave his joining report on 30.12.2021 (Annexure P/7).

5. Vide Annexure R/-1/1 a question was raised in the Madhya Pradesh State Legislative Assembly (Vidhan Sabha) in respect of illegality in the appointment of the present petitioner under the OBC Category. As per the questionnaires, the petitioner belongs to Creamy Layer of the OBC Category, hence, he was disqualified to be appointed as a Dean, College of Agriculture, Indore, under the OBC Category.

6. Therefore, respondent No.1 vide impugned order dated 14th March, 2022 (Annexure P/1) has cancelled the entire selection process on the ground of non compliance of provisions of reservation under OBC Category; and hence, this petition before this Court.

7. Vide order dated 25.3.2022, this Court has stayed the impugned order and permitted the petitioner to work on the post of Dean, Agriculture College, Indore (MP) till further orders.

8. The State of Madhya Pradesh (Respondent No.1) has filed its reply, justifying the impugned action by submitting that the petitioner was placed at Serial No.18 in the list of eligible candidates for interview. In the advertisement, there was no mention regarding the provisions of Creamy Layer for OBC Candidate. There is provision of Annual Income up to Rs.8,00,000/- (rupees eight lakhs) per annum for a candidate of OBC Category, as per circular dated 2.11.2017 (Annexure R-1/2) issued by the General Administration Department, Government of Madhya Pradesh, Bhopal; and since the petitioner, at the time of his selection, was working as Professor, therefore, his income was more than Rs.8,00,000/- (rupees eight lakhs) per annum, hence, he does not fall under the Category of OBC. Therefore, he has no authority to work on the post of Dean of the College, which is reserved for a candidate of OBC Category and his appointment is illegal and void ab initio; and therefore, has rightly been cancelled.

9. Shri Manoj Manav, learned counsel appearing for the petitioner submits that in order to examine the status of Creamy Layer of any candidate, the income of his / her parents is liable to be considered and not the income of the candidate. The aforesaid GAD Circular has been clarified by the State Government itself vide Circular dated 7.2.2014 (Annexure P/8).

10. A specific query was made that if any candidate who himself / herself i