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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
Suresh Kumar Kait, Vivek Jain
Ajit Yadav – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. disadvantage due to migration of reserved category candidates (Para 1 , 2) |
| 2. merit-based service allocation despite reservation (Para 3 , 4) |
| 3. writ petitions allowed for reallocation (Para 5) |
ORDER :
Suresh Kumar Kait, CJ.
Notice issued.
Notice accepted by learned Additional Advocate General for respondent Nos. 1 to 4.
It is the case of petitioners that meritorious candidates of reserved category who migrated to unserved category, have been put to disadvantage because lesser meritorious candidates of their respective category who remained in their reserved category, got better choice/ preference in allocation of service. It is contended that the issue raised in these writ petitions is same and similar and no more res integra as has already been decided by the Hon'ble Supreme Court in the case of Praveen Kumar Kurmi vs. State of M.P. and others vide its judgment 24.02.2022 passed in Civil Appeal No.7663/2021 wherein the Hon'ble Supreme Court has held that the working out of the reservation policy though is in accordance with the judgment of the Supreme Court in the case of Indra Sawhney and another vs. Union of India , 1992 Supp 3 SCC 217, however, the allocation of
Candidates from reserved categories, who exceed cut-off marks for unreserved categories, must not face disadvantages in service allocation, as per established legal principles.
Merit-based allocation must not disadvantage more meritorious candidates from reserved categories, as established in Supreme Court precedents.
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....
A meritorious reserved category candidate cannot be placed in a disadvantageous position compared to less meritorious reserved category candidates.
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.
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....
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....
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.
Candidates from reserved categories must prove non-reliance on eligibility relaxation to be adjusted against unreserved seats; participation without challenge limits claims.
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