Heard finally, with consent of the learned counsel for the parties.

The petitioner has filed this petition under Article 226 of the Constitution

of India being aggrieved by order dated 14.03.2022 (Annexure P/1) passed by

Additional Secretary, Farmer Welfare & Agriculture Development Department,

State of Madhya Pradesh, Bhopal, whereby his appointment vide order dated

29.12.2021 (Annexure P/6) on the post of Dean, College of Agriculture, Indore

has been cancelled.

2.

According to the petitioner, he belongs to an Other Backward Class (OBC)

Category. On 17.01.1986, the petitioner was initially appointed as Research

Associate in Jawarlal Nehru Krishi Vishwa Vidyalaya; and thereafter, appointed

as a Professor / Junior Scientist (Agronomy) in Indira Gandhi Krishi Vishwa

Vidyalaya. In the year 2007, he was promoted to the post of Professor /

Principal Scientist in Rajmata Vijayraje Scindia Krishi Vishwa Vidyalaya

Gwalior (respondent No.2).

3.

The State of Madhya Pradesh (Respondent No.1) issued an advertisement

on 11.06.2021 (Annexure P/2) inviting applications for appointment on four

vacant posts of Dean in the Colleges of Agriculture / Horticulture affiliated with

Rajmata Vijayraje Scindia Krishi Vishwa Vidyalaya Gwalior (respondent No.2).

4.

The petitioner applied for the post of Dean of the College under the OBC

Category. The petitioner was found eligible amongst the other applicants /

candidates in the interview conducted by the Selection Committee. Respondent

No.2 issued an appointment order dated 29.12.2021 (Annexure P/6) in favour of

the petitioner for the post of Dean, College of Agriculture, Indore; and pursuant

thereto, the petitioner gave his joining report on 30.12.2021 (Annexure P/7).

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5.

Vide Annexure R/-1/1 a question was raised in the Madhya Pradesh State

Legislative Assembly (Vidhan Sabha) in respect of illegality in the appointment

of the present petitioner under the OBC Category. As per the questionnaires,

the petitioner belongs to Creamy Layer of the OBC Category, hence, he was

disqualified to be appointed as a Dean, College of Agriculture, Indore, under the

OBC Category.

6.

Therefore, respondent No.1 vide impugned order dated 14^th March, 2022

(Annexure P/1) has cancelled the entire selection process on the ground of non

compliance of provisions of reservation under OBC Category; and hence, this

petition before this Court.

7.

Vide order dated 25.03.2022, this Court has stayed the impugned order

and permitted the petitioner to work on the post of Dean, Agriculture College,

Indore (MP) till further orders.

8.

The State of Madhya Pradesh (Respondent No.1) has filed its reply,

justifying the impugned action by submitting that the petitioner was placed at

Serial No.18 in the list of eligible candidates for interview. In the advertisement,

there was no mention regarding the provisions of Creamy Layer for OBC

Candidate. There is provision of Annual Income up to Rs.8,00,000/- (rupees

eight lakhs) per annum for a candidate of OBC Category, as per circular dated

02.11.2017 (Annexure R-1/2) issued by the General Administration Department,

Government of Madhya Pradesh, Bhopal; and since the petitioner, at the time of

his selection, was working as Professor, therefore, his income was more than

Rs.8,00,000/- (rupees eight lakhs) per annum, hence, he does not fall under the

Category of OBC. Therefore, he has no authority to work on the post of Dean

of the College, which is reserved for a candidate of OBC Category and his

appointment is illegal and void ab initio; and therefore, has rightly been

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cancelled.

9.

Shri Manoj Manav, learned counsel appearing for the petitioner submits

that in order to examine the status of Creamy Layer of any candidate, the

income of his / her parents is liable to be considered and not the income of the

candidate. The aforesaid GAD Circular has been clarified by the State

Government itself vide Circular dated 07.02.2014 (Annexure P/8).

10.

A specific query was made that if any candidate