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SANJEEV SACHDEVA, VINAY SARAF
Hariom Yadav – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
Sanjeev Sachdeva, J.
1. Petitioner seeks modification in his order of appointment and seeks appointment as per his respective choice in a school of School Education Department, Harda.
2. An advertisement was issued by respondent no.6 i.e. Professional Examination Board for 7429 posts of Directorate of Public Instructions and about 11,000 posts for Tribal Welfare Department. Petitioner filled his application and submitted his candidature for the post of Prathmik Shikshak. Petitioner had applied in OBC category. When the result was declared it transpired that petitioner has scored marks which was much higher than marks obtained by candidates in the unreserved category and accordingly petitioner was migrated to unreserved category.
3. Clause 15 of the subject advertisement dated 27.10.2022 provided for stages of selection and Clause 15.6 of the stages of selection interalia provides as under.:-
4. Clause 15.6 stipulated that out of the final select list, the candidates would be placed in terms of the choice of posting that they will have to choose. The candidates were required to give options against the school. It was indicated as to whether the school belongs to a Tribal Welfare
Merit-based allocation must not disadvantage more meritorious candidates from reserved categories, as established in Supreme Court precedents.
Candidates from reserved categories, who exceed cut-off marks for unreserved categories, must not face disadvantages in service allocation, as per established legal principles.
A candidate belonging to a reserved category, if selected under the General/Open Category, is entitled to be considered for posting as per his or her preference on the basis of his or her merit among....
Meritorious reserved category candidates shifted to general category retain entitlement to preferred district allotment as per reserved merit position to prevent disadvantage from higher performance.
The allocation of postings must be fair, transparent, and based on established merit principles, ensuring that no employee is arbitrarily deprived of their rightful position.
Candidates securing higher marks than unreserved category cannot claim reservation benefits unless explicitly provided by state policy; constitutional provisions require formal policy to confer reser....
Reservation policies in public employment must prioritize merit; candidates from reserved categories who qualify for general positions based on merit are to be treated as general category candidates.
Reservation – Merit must be given precedence and if candidates, who belong to SCs, STs and OBCs have secured higher marks or are more meritorious, they must be considered against seats meant for unre....
Reserved category candidates can be appointed to Unreserved vacancies based on merit without violating recruitment rules or constitutional provisions.
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