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VIVEK AGARWAL
Pushpendra Singh Rajpoot S/o Thane Ram Singh – Appellant
Versus
State Of M. P. Thr. Its Secretary Department Of Health And Family Welfare Vallabh Bhawan Bhopal (Madhya Pradesh) – Respondent
ORDER :
Petitioners' contention is that they were candidates for appointment to the post of Laboratory Technician. Professional Examination Board had issued an advertisement for 219 posts of Laboratory Technician.
2. It is submitted that 10% quota for EWS category, if would have been applied, then 22 posts should have been earmarked for EWS category but, respondents have earmarked only 4 posts under EWS category, as a result of which, petitioners despite of merit, could not get selected on the post of Laboratory Technician under the EWS category.
3. Though Shri Bhatnagar, learned Panel Lawyer, prays for time to file reply and the respondent No.3 has filed a reply, saying that they have nothing to do with it, but it is a sad story about the affairs of the State that they are not able to address the basic issue promptly and such lethargy and indifference on the part of the State results in dragging of frivolous litigation.
4. Provisions contained in Article 16(6) of the Constitution of India, which deals with Reservation for Economically Weaker Section, reads as under :-
Signature Not Verified
EWS reservation under Article 16(6) of the Constitution applies only to the General category and does not extend to SC, ST, or OBC categories.
The Court established that the absence of a specific EWS certificate format and the timing of the recruitment justified the acceptance of the petitioners' claims for appointment.
The petitioner is entitled to appointment against the EWS category vacancy despite not claiming EWS status at the time of application.
Reservation – Counselling on the basis of NEET-PG 2021 and NEET- UG 2021 shall be conducted by giving effect to reservation as provided by notice dated 29 July 2021, including 27 per cent reservation....
Belated challenge to examination results, lack of qualification, and absence of vacancies can render a petition meritless.
Government authorities must fully adhere to established reservation policies without arbitrary deviations.
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