The Madhya Pradesh High Court addressed a challenge to the Madhya Pradesh Judicial Service (Recruitment and Conditions of Service) Rules, 1994. A petition was filed by Varsha Patel to contest the alleged denial of relaxation in marks for Other Backward Class (OBC) category candidates.
The petitioner argued that, unlike SC/ST candidates, OBC candidates are being considered on par with General category candidates, without receiving the relaxation in marks. The plea highlighted that the reservation benefits, including the relaxation in marks, should extend to all stages of the selection process.
Senior Advocate Aditya Adhikari, representing the High Court of M.P., requested time to file a response, citing a recent notice of the petition. However, the urgency arises as applications for Civil Judge Junior Division (Entry Level) positions are being accepted until December 18, 2023.
The Court, prima facie, acknowledged the discrepancy and directed that OBC category candidates should receive the same relaxation in marks as provided to SC/ST candidates. The modified requirements now mandate OBC candidates to secure at least 55% marks in the preliminary examination, 45% marks in each paper of the main examination, and 50% marks in aggregate in the main examination.
The High Court stated that this interim order was subject to further court orders and instructed to issue a corrigendum reflecting these changes within three working days. The Court emphasised that this directive is applicable to all eligible candidates.
The Court clarified that the interim order does not create any equity in favour of candidates taking advantage of the relaxation.
Case Title: Varsha Patel vs. State of Madya Pradesh and Ors.
Coram: Hon'ble Mr. Chief Justice Ravi Malimath and Hon'ble Mr. Justice Vishal Mishra
Case no.: WP No. 17387 of 2023
Advocates for the Petitioner: Shri Rameshwar Singh Thakur and Shri Vinayak Prasad Shah
Advocates for the Respondents: Shri Suyash Thakur - Government Advocate for respondent No.1 and Shri Aditya Adhikari - Senior Advocate with Shri Eizaz Siddiqui - Advocate for respondent No.2/High Court of M.P
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