IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE VIVEK RUSIA th ON THE 8 OF MAY, 2024 WRIT PETITION No. 7643 of 2024 BETWEEN:-

HEMANT DHAKAD S/O SHRI HARIVILASH DHAKAD, AGED 34 YEARS, OCCUPATION: STUDENT, R/O VILLAGE ARODA, TAHSIL VIJAYPUR, DISTRICT SHEOPUR (MADHYA PRADESH)

.....PETITIONER (BY SHRI VINOD KUMAR DHAKAD - ADVOCATE)

AND

1. STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF BACKWARD CLASS AND MINORITY WELFARE, VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. MADHYA PRADESH POWER GENERATION COMPANY LTD. THROUGH CHIEF ENGINEER, BLOCK NO. 9, SHAKTI BHAWAN, VIDYUT NAGAR, RAMPUR, JABALPUR (MADHYA PRADESH)

.....RESPONDENTS (RESPONDENT NO. 2 BY SHRI AJAY SHARMA - ADVOCATE ON CAVEAT) This petition coming on for admission this day, the court passed the following:

ORDER

Petitioner has filed the present petition, under Article 226 of the Constitution of India, seeking relaxation of 10% marks in minimum qualifying marks at par with candidates of SC/ST category for selection to the post of Assistant Engineer (Electrical).

2. Petitioner has completed graduation in Electrical Engineering as regular candidate with 64.44% marks. He belongs to OBC class (non creamy layer). Respondent no.2 issued an advertisement for appointment to the post of Assistant Engineer (Production)-Mechanical, Electrical and Electronics. As per the advertisement, candidate should have regular B.E./B.Tech/AMIE in Electrical/Electrical & Electronics Engineering from AICTE/UGC approved university/institution with minimum 65% marks (or equivalent CGPA) for UR/OBC category or 60% marks (or equivalent CGPA) for employees working in successor Companies of MPSEB or 55% marks (or equivalent CGPA) for SC/ST/Disable/EWS category of M.P. Domicile.

3. According to the petitioner, respondents have wrongly fixed minimum

65% marks for OBC category candidates along with UR category, whereas candidates belonging to OBC category are also entitled for 10% relaxation in the marks at par with SC/ST candidates. Since the petitioner is not having 65% marks, therefore, he is unable to apply for the post in question. Hence, petitioner has filed this petition before this Court.

4. Respondents have filed reply by submitting that respondents have granted 10% relaxation as per insertion of sections 4-A and 4-B in Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Janjatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Rules, 1998 (for brevity "the Rules of 1998").

Hence, the petition is liable to be dismissed.

5. I have heard learned counsel for the parties.

6. Entire petition is based on the claim of parity with candidates of SC and ST category. Under the provisions of the Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon Aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994, the respondents are bound to make provisions for roster, reservation and relaxation under the Rules of 1998 to the members of SC and ST categories. Petitioner has failed to point out any provision under which candidates belonging to OBC category are entitled for relaxation in the qualifying marks. As per Rule 4-A of the Rules of 1998, candidates of SC and ST categories shall get relaxation of 10% marks in minimum qualifying marks. Therefore, as per Rule 4-A, respondents have rightly provided eligibility criteria for appointment to the post of Assistant Engineer (Electrical).

No case for interference is made out.

The petition, accordingly, stands dismissed.

(VIVEK RUSIA)

JUDGE (and)

Digitally signed by ANAND SHRIVASTAVA Date: 2024.05.09