Astha Agrawal vs The State Of Madhya Pradesh - 2023 Supreme(Online)(MP) 8237

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

Advocates:
Anshul Tiwari,Advocate General

No.4783/2023,

W.P. No.11662/2023, W.P. No.12106/2023, W.P. No.12109/2023,

W.P. No.12121/2023, W.P. No.12248/2023, W.P. No.12335/2023,

W.P. No.12447/2023, W.P. No.12452/2023, W.P. No.12484/2023,

W.P. No.12486/2023, W.P. No.12487/2023, W.P. No.12489/2023,

W.P. No.12561/2023, W.P. No.12622/2023, W.P. No.12628/2023,

W.P. No.12630/2023, W.P. No.12653/2023, W.P. No.12654/2023,

W.P. No.13175/2023, W.P. No.13177/2023, W.P. No.13492/2023,

W.P. No.13706/2023, W.P. No.13742/2023, W.P. No.13951/2023,

W.P. No.14034/2023, W.P. No.14605/2023, W.P. No.14927/2023,

46 W.P. No.4783/2023 &

W.P. No.15144/2023, W.P. No.15785/2023, W.P. No.19428/2023,

W.P. No.19432/2023, W.P. No.20501/2023, W.P. No.13047/2023

shall be disposed of.

For the sake of convenience, facts of W.P. No.4783/2023 and

W.P. No.12628/2023 shall be considered.

W.P. No.4783/2023 has been filed seeking following reliefs:-

13.01.2023 (ANNEXURE/P-9) passed by

Respondent No.2 being illegal and arbitrary

which disqualified the petitioners from the

recruitment process even before merging and

normalising them with the students who

would qualify in Special Mains.

2. To direct respondent no.2 to declare the

petitioners as qualified candidates being

amongst the 1918 students of the Second

category covered by the judgement passed on

29.11.2022 in WP no.25982/2022 Manu

Saxena vs. State of Madhya Pradesh &

Ors., to get merged and normalised with

candidates who would qualify the Special

Mains examination to finally face the

3. To hold that the impugned decision dated

13.01.2023 is contrary to the Judgment passed

on 29.11.2022 in WP no.25982/2022 Manu

Saxena vs. State of Madhya Pradesh &

Any other relief which this Hon'ble Court

deems fit in the facts of the present case."

W.P. No.12628/2023 has been filed seeking following reliefs:-

"(i) The Hon'ble Court may kindly be pleased to

issue a Writ in the nature of Certiorari

18.05.2023 (Annexure P/10) of 2019 main

examination in so far as the petitioners have

47 W.P. No.4783/2023 &

been declared ineligible for interview as

arbitrary, illegal and void.

(ii) The Hon'ble Court may kindly be pleased to

direct the respondents to disclose the process

and manner in which normalisation of marks

has been carried out between the candidates

who had appeared in the 2019 main

examination conducted between 21.03.2021

to 26.03.2021 and special main examination

conducted on 15.04.2023 and 20.04.2023.

(iii) The Hon'ble Court may be pleased to declare

the process of merging and normalisation of

marks adopted by the respondent as arbitrary

illegal and void.

(iv) The Hon'ble Court may kindly be pleased to

issue a Writ in the nature of mandamus

commanding the respondents to declare the

examination and be permitted to appear in the

(v) Any other suitable relief deemed fit in the

facts and circumstances of the case may also

kindly be granted together with the cost of

this Petition."

The facts necessary for disposal of present petition in short are

that petitioners appeared in Madhya Pradesh Public Service

Commission (in short 'M.P.P.S.C.') 2019 Preliminary Examination

conducted by respondent No.2 on 12.01.2020. Advertisement was

issued on 14.11.2019 and preliminary examination was conducted on

12.01.2020. Thereafter, on 17.02.2020 i.e. after preliminary examination

was conducted, an amendment was incorporated in M.P. State Services

Examination Rules, 2015 (in short 'Rules 2015') by introducing Rule

4(3)(d)(III) in M.P. State Services Examination Rules, 2015 (in short

'Amended Rules 2015') by which it was provided that if a person

belonging to any of the cate