Krishna Kuamr Yadav vs State of Madhya Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(MP) 769

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
SANJEEV SACHDEVA, VINAY SARAF
Krishna Kuamr Yadav – Appellant
Versus
State of Madhya Pradesh – Respondent

Advocates Appeared:
For the Petitioner: Shri Kabeer Paul, learned counsel.
For the Respondents: Shri S.S. Chouhan, learned Government, Shri Khalid Noor Fakhruddin, learned counsel, Shri Harish Chandra Singh, learned counsel.

Table of Content
1. background on challenged appointment and merit list. (Para 1 , 3 , 12 , 13)
2. objections and actions leading to cancellation. (Para 4 , 5 , 6)
3. arguments supporting regulatory adherence. (Para 7 , 9 , 10)
4. guidance on the reservation process. (Para 8 , 16)
5. interpretation of horizontal reservations. (Para 14 , 15)
6. validity of original appointments based on merit. (Para 18 , 19)
7. final order on reinstatement and compliance. (Para 20 , 21 , 22)

ORDER :

Vinay Saraf, J.

1. The instant writ petition has been preferred by the petitioner assailing the action of the respondent whereby the respondent had cancelled the appointment of the petitioner on the post of Peon (open category) on 09.11.2017.

2. With the consent of parties, the matter is heard finally.

3. The facts of the case are that an advertisement was issued by the High Court of M.P. Jabalpur for various posts interalia three posts of Peons in open category for the District Court, Katni out of which one post was reserved for woman (unreserved category). In the advertisement, it was mentioned that reservation of the post for women shall be horizontal and compartmentalised. As per advertisement, last date for app