Nirmala Chouhan vs High Court Of M.P.

Headnote:(A) Constitution of India - Articles 15(3) and 16(4) - Service Law - Reservation - Merit of reserved category candidates - A candidate belonging to a reserved category who secures marks higher than the cut-off marks for the general category, without availing any concession or relaxation, is to be treated as having qualified against an open or unreserved vacant post - The open category is not a "quota" but a merit-based pool accessible to all candidates regardless of their category. (Paras 18, 22 and 23)

(B) Writ Petition - Effect of subsequent change in legal interpretation - Laches - Where a candidate's appointment was rejected in accordance with the law as it stood at the relevant time, the candidate is not entitled to appointment based on a subsequent change in legal interpretation, especially when a significant period has elapsed and the posts have already been filled. (Paras 23 and 24)

Facts of the case:
A candidate belonging to a reserved category applied for a post and secured marks higher than the last selected candidate in the unreserved female category. The appointment was denied on the ground that no posts were reserved for that specific reserved category and that, as the reservation for women was horizontal and compartmentalized, the candidate could not be considered for an unreserved post. The petitioner challenged this denial, arguing that merit should prevail over the categorical restriction.

Findings of Court:
The Court found that according to the current legal position, a reserved category candidate who secures higher marks than an unreserved candidate without availing relaxations is entitled to be included in the general category selection list. However, it also noted that the candidate's claim was originally denied based on the legal principles prevailing at the time of selection, and more than ten years have passed since the examination.

Issues: Whether a reserved category candidate who secures higher marks than the unreserved cut-off is entitled to be selected against an unreserved post, and whether such a candidate can claim appointment following a later change in the legal interpretation of reservation rules after a long delay.

Ratio Decidendi: While the legal position now establishes that merit-based reserved category candidates are eligible for unreserved posts, such a change in law does not retroactively entitle a candidate to appointment if the original decision was consistent with the law at that time and a substantial period has elapsed, particularly when the seat was not kept vacant and other selected candidates were not challenged.

Result: the writ petition is dismissed.

Legal Category Hierarchy

1. Denial of appointment as peon to Scheduled Tribe woman candidate despite higher marks than general category selectee. (Para 1 , 2 , 3 )

2. Petitioner claims merit entitlement to unreserved seat; respondent asserts horizontal reservation bars migration of reserved category candidate. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 )

3. Writ petition dismissed due to lapse of time, no challenge to selectee's appointment, and change in law after rejection. (Para 23 , 24 , 25 )

4. Can a reserved category candidate who secures higher marks than the last unreserved candidate be adjusted against an unreserved vacancy?

Yes, if the candidate availed no relaxation, the open category is merit-based and accessible to all; migration depends on governing rules. (Para 17 , 18 , 22 , 23 )

5. What is the distinction between vertical and horizontal reservation in public employment?

Social reservations (SC/ST/OBC) under Article 16(4) are vertical; special reservations (women, disabled) under Articles 15(3)/16(1) are horizontal. (Para 15 , 16 )

6. Does the principle of estoppel bar a candidate who participated in selection from later challenging its terms?

Yes, a candidate who accepted advertisement terms and participated cannot later challenge the selection method or outcome. (Para 12 )

7. What is the effect of delay and laches on a writ petition challenging a selection process?

A petition filed after ten years, without challenging the selectee's appointment or seeking its quashing, may be dismissed. (Para 24 , 25 )

ORDER :

Pradeep Mittal, J.

By way of this petition, the petitioner challenges the memo dated 17.02.2016, whereby approval for her appointment as Peon has been denied on the ground that she belongs to the Scheduled Tribe category and secured 20 marks in the examination, whereas no post was reserved for woman of the Scheduled Tribe category. It is contended that, petitioner got more marks than the unreserved woman candidate, the petitioner ought to have been considered against an unreserved category post.

2. The facts leading to the present petition are that pursuant to the advertisement for the post of Peon/Chowkidar/Waterman/Gardener the petitioner applied for the post of peon. In the examination she obtained 20 marks. After preparation of select list the petitioner finds place at serial no. 3.

3. It is submitted that the select list was issued for the unreserved (female) category. It is further submitted that, as per the advertisement, no post was reserved for the Scheduled Tribe (female) category, and three posts were advertised for the unreserved (female) category. Out of the three posts under the unreserved (female) category, three candidates, namely Darshana Sharma, ArarnaRajoria, and Ruchi Vishwakarma, who secured 25, 20, and 17 marks respectively in the selection process, were selected in the final select list. No selection was made against the Scheduled Tribe (female) category. Further, the last selected candidate in the unreserved (female) category secured 17 marks, and several candidates belonging to the Other Backward Classes category were selected under the unreserved category. That the petitioner, who belongs to the Scheduled Tribe category and secured 20 marks, has not been selected under the unreserved (female) category, despite there being no post reserved for the Scheduled Tribe (female) category. Hence, the present petition has been filed on the following grounds.

4. It is submitted that the impugned select list is discriminatory, arbitrary, and bad in the eyes of law; hence, it deserves to be quashed.

5. That there is no condition in the advertisement stipulating that a candidate belonging to a reserved category must be considered only against the opted reserved category, nor is there any restriction preventing such a candidate from being considered against the unreserved category even if he or she has secured higher marks than candidates in the unreserved category.

6. That the petitioner belongs to the ST (Female) category, and as there was no post reserved for the ST (Female) category, she secured 20 marks, whereas the last selected candidate in the UR (Female) category secured only 17 marks. Hence, the petitioner deserves to be selected under the Unreserved (Female) category.

7. That in paragraph 4 of the select list, the respondent No. 1 has merely stated that the petitioner is a candidate of the ST (Female) category and, on that basis alone, held her to be not entitled, thereby not approving the name of the petitioner.

8. That the petitioner has secured more marks than the last candidate selected under the UR (Female) category; therefore, the petitioner deserves to be selected and appointed against the post of UR (Female) category.

9. Per contra, the respondents have denied the allegations made by the petitioner, stating that, as is evident from the advertisement dated 31.10.2015 (Annexure P-2), no post for the ST Female category was notified in District Sehore. The petitioner applied for the aforesaid post as a Scheduled Tribe (Female) category candidate and was thereafter included in the provisional select list.

10. In Annexure P-5, it is clearly mentioned that the provisional list was not the final select list and that the final select list would be issued only after recommendations by the High Court. It was also made clear in the advertisement that reservation for the Female category is horizontal and compartmentalized; therefore, for posts in the General category, only female candidates belonging to the Gene

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2026 Supreme(MP) 626

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
Vivek Rusia, Pradeep Mittal, JJ.
Nirmala Chouhan – Petitioner
Versus
High Court Of M.P. And Others – Respondents
Writ Petition No. 7179 of 2016
Decided On : 04-02-2026

Reserved category candidates scoring above the unreserved cut-off without relaxations are entitled to unreserved posts. However, a subsequent change in legal interpretation does not entitle them to appointment if the original rejection followed then-prevailing law and significant time has elapsed.

Legal Category Hierarchy

Table of Contents

4. Can a reserved category candidate who secures higher marks than the last unreserved candidate be adjusted against an unreserved vacancy?

5. What is the distinction between vertical and horizontal reservation in public employment?

6. Does the principle of estoppel bar a candidate who participated in selection from later challenging its terms?

7. What is the effect of delay and laches on a writ petition challenging a selection process?

Judicial Analysis

2026 Supreme(MP) 626

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPURVivek Rusia, Pradeep Mittal, JJ.Nirmala Chouhan – PetitionerVersusHigh Court Of M.P. And Others – RespondentsWrit Petition No. 7179 of 2016Decided On : 04-02-2026

Reserved category candidates scoring above the unreserved cut-off without relaxations are entitled to unreserved posts. However, a subsequent change in legal interpretation does not entitle them to appointment if the original rejection followed then-prevailing law and significant time has elapsed.

Legal Category Hierarchy

Table of Contents

4. Can a reserved category candidate who secures higher marks than the last unreserved candidate be adjusted against an unreserved vacancy?

5. What is the distinction between vertical and horizontal reservation in public employment?

6. Does the principle of estoppel bar a candidate who participated in selection from later challenging its terms?

7. What is the effect of delay and laches on a writ petition challenging a selection process?

Cases Referred (7)

Judicial Analysis

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
Vivek Rusia, Pradeep Mittal, JJ.
Nirmala Chouhan – Petitioner
Versus
High Court Of M.P. And Others – Respondents
Writ Petition No. 7179 of 2016
Decided On : 04-02-2026