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NEUTRAL CITATION NO. 2026:MPHC-JBP:10671

1 WP-7179-2016

IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE VIVEK RUSIA

&

HON'BLE SHRI JUSTICE PRADEEP MITTAL

th

ON THE 4 OF FEBRUARY, 2026

WRIT PETITION No. 7179 of 2016

NIRMALA CHOUHAN

Versus

HIGH COURT OF M.P. AND OTHERS

Appearance:

Shri Devendra Kumar Tripathi - Advocate for the petitioner.

Shri Parag Tiwari, Advocate for respondents.

ORDER

Per: Justice Pradeep Mittal

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.

Signature Not Verified

Signed by: MANVENDRA

SINGH PARIHAR

Signing time: 06-02-2026

17:36:55

NEUTRAL CITATION NO. 2026:MPHC-JBP:10671

2 WP-7179-2016

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

Signature Not Verified

Signed by: MANVENDRA

SINGH PARIHAR

Signing time: 06-02-2026

17:36:55

NEUTRAL CITATION NO. 2026:MPHC-JBP:10671

3 WP-7179-2016

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 th