IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK RUSIA, PRADEEP MITTAL
State Of Madhya Pradesh – Appellant
Versus
Aditya Tiwari – Respondent
ORDER :
Pradeep Mittal, J.
The present writ appeals arise out of the order dated 03.07.2013 passed by the learned writ court in W.P. No. 610 of 2012, whereby the writ petition filed by writ petitioner Aditya Tiwari (respondent No. 1 herein) was allowed and direction was issued to appoint Aditya Tiwari against the post of ex- serviceman general category stating that against the general quota, no reserve quota candidate can be adjusted and appointment of Anurag Jahariya was cancelled stating that he was wrongly adjusted from reserve quota to general quota of ex-servicemen. Since both these writ appeals involve a common issue, they are heard and decided together by this common order. References to the annexures and documents are taken from W.A. No. 1156 of 2013 for the sake of convenience.
2. The facts leading to the filing of the present cases are that the examination for post of Sub Inspector was conducted by respondent no 1 in the writ petition. There were 30 posts reserved for filling up all the post of Sub Inspector (Radio) in which as per the reservation provided 20% for Scheduled Tribes, 16% for Scheduled Caste and 14% for O.B.C. Out of total 30 posts 15 belong to the unreserved
The court affirmed that horizontal reservation must be applied correctly, ensuring merit-based selection without exceeding prescribed quotas, and upheld the applicant's claim for appointment due to i....
The court established that horizontal reservations must ensure that women candidates fulfilling merit criteria cannot be displaced by category claims if they satisfy reservation requirements.
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....
Candidates from reserved categories, if selected on the basis of their own merit, cannot be counted against the quota for their vertical reservation categories. The application of horizontal reservat....
Candidates from reserved categories can claim horizontal reservations in open categories based on merit unless explicitly prohibited by law or policy.
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