This petition has been filed by petitioner under Article 226 of the

Constitution praying for following reliefs:-

“(i) To set aside letter (Ann.P/1) to the extent of these letters

comes in the way of petitioners as obstacle to get benefits of

concession and reservation as OBC, as it ultra vires to the

fundamental right guaranteed by Art.16(2) and 19(1)(e) of the

Constitution of India.

(ii) To set aside the circular issued by the GAD dated

11/07/2005 (Ann.P/2) to the extent of the contravention to be a

candidate as OBC category for petitioners in recruitment on

public post in the State of M.P., as it ultra vires to the

fundamental right guaranteed by Art.16(2) and 19(1)(e) of the

Constitution of India.

(iii) To direct the respondents No.3 & 4 to add names of the

petitioners in list of selected candidates for choice filing of

schools (Ann.P/8) as less meritorious candidates have been

selected.

(iv) To direct the respondents No.3 & 4 to provide appointment

as Middle Teacher Sanskrit as OBC category candidate in

recruitment through Teacher Eligibility Test 2018 as less

meritorious candidates have been selected (Ann.P/11).

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(v) Any other relief the Hon’ble Court kindly be please to deem

fit and proper in the facts and circumstances of the case in the

interest of justice.”

1.1

In this petition, writ of certiorari is sought to be issued for

quashment of Annexure P/1 and P/2, which are executive instructions

issued by Government of India and Government of M.P. respectively. The

challenge is made to said instructions to the extent these instructions deny

issuance of caste certificate in the State of M.P. to a person, who has

migrated from his home State to M.P., even if the caste to which he

belongs in his home State is also declared as OBC in the migrating State.

Thus, petitioner has been denied to be treated as an OBC candidate in the

absence of any OBC certificate issued by Competent Authority in M.P. As

such petitioner was not included in the select list of OBC selected

candidates for appointment as Middle School Teacher.

2.

Learned counsel for rival parties are heard on the question of

admission so also on final disposal.

3.

This case is being decided finally with consent of the parties.

4.

The petitioner claims herself to belong to Soni (Swarnkar)

caste/community and resident of State of Rajasthan where Soni (Swarnkar)

is notified as OBC.

4.1

The facts further reveal that petitioner got married and shifted to her

matrimonial home in District Neemuch (M.P.). The husband of petitioner,

who is resident of M.P. also belongs to Soni (Swarnkar), which is notified

as OBC in State of M.P. The petitioner appeared and secured 86.3 marks as

an OBC candidate in the Middle School Teacher Eligibility Test 2018,

which is more than qualifying marks of 50% out of maximum marks of

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150 prescribed for reserved category candidates. A select list was issued on

11.01.2023 in which OBC female candidates securing less marks than the

petitioner found place. On making representation on 21.02.2023 no

response came forth and thereafter this petition has been filed.

5.

Learned counsel for petitioner has primarily raised following

grounds:-

(i) The instructions of Government of India as well as Government

of M.P. are in violation of fundamental right enshrined in Article

19(1)(e) of the Constitution. It is contended that since petitioner has

a fundamental right to move and settle at any place in the country,

said right cannot be curtailed by depriving petitioner of her caste

status merely due to her movement from one State to another for

marriage or employment.

(ii) Since caste is relatable to birth and not place of residence, denial

of appointment to petitioner under OBC category is unlawful.

(iii) The impugned executive instructions Annexure P/1 and P/2 are

abhorrent to the concept of reservation which is constitutionally

recognized.

(iv) When faced with decisions of Apex court including judgment

rendered by Five Judge Bench in Action Committee