High Court Of Madhya Pradesh vs Ankit Tiwari
2021 Latest Caselaw 4627 MP

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                                                            R.P. No.633/2021

           THE HIGH COURT OF MADHYA PRADESH

                            R.P. No.633/2021
 (High Court of Madhya Pradesh and another vs. Ankit Tiwari and others)


JABALPUR DATED :24.08.2021

      Shri Anshuman Singh, learned counsel for the review petitioners.
      Shri Prashant Manchanda, Ms. Aditi Sharma and Shri Mohit
Saroha, learned counsel for the respondents.

Heard.

By this review petition, the petitioner is seeking review of the order dated 14.07.2021 passed in WP No.10070/2021 and connected writ petitions. By the aforesaid order, this Court had directed the review petitioners(respondents therein) to prepare the fresh select list for permitting the candidates to appear in the main examination keeping in view the ratio of the judgment of the Hon'ble Supreme Court in the case of Pallav Mongia vs. Registrar General, Delhi High Court passed in Civil Appeal No.4795/2012 dated 28.05.2012

3. The limited submission of the counsel for the review petitioners is that the last line of para 21 of the order of this Court dated 14.07.2021 prohibiting the additional candidates who have obtained less marks than the prescribed marks, is coming in the way of the review petitioners in giving full effect to the final direction in the order of this Court to prepare select list on the basis of the judgment in the case of Pallav Mongia(supra). He has submitted that the preliminary examination has not been prescribed in the M.P. Lower Judicial Service (Recruitment and Conditions of Service) Rules, 1994 but the same has been conducted to shortlist the candidates under the separate scheme which has no statutory force, hence it is open to the review petitioners to reduce the minimum marks in order to give full effect to the

R.P. No.633/2021

judgment of the Supreme Court in the case of Pallav Mongia(supra). In support of his submission, he has placed reliance upon the judgment of the Supreme Court in the matter of Ajithkumar P. and others vs. Remin K.R. and others reported in (2015) 16 SCC 778. He has also submitted that if the revised list is prepared on the basis of the direction of the Hon'ble Supreme Court in the case of Pallav Mongia(supra) then some of the candidates in SC category who were selected in the original list, on recomputation of marks will obtain the marks below the minimum marks prescribed under the scheme, therefore, now there is a need to relax those minimum marks.

4. Learned counsel for the respondents has fairly stated that if the prayer of the review petitioners is allowed then no prejudice will be caused to the respondents.

5. Having heard the learned counsel for the parties and the perusal of the record, it is noticed that this Court in the order dated 14 th July, 2021 passed in WP No.10070/2021 and connected writ petitions, has clearly directed that-

"22(iv) While preparing the fresh select list for permitting the candidate to appear in the main examination, the Examination Committee will keep in view the ratio of the judgment of the Supreme Court in the case of PALLAV MONGIA (supra) and recompute the marks so as to prepare a fresh list of eligible candidates by including all such candidates therein who secured more marks than the last candidate originally allowed to appear in the main examination."

There is no dispute between the counsel for the parties that fresh select list is required to be prepared on the basis of the above direction. The position in respect of the conduct of the preliminary examination on the basis of the scheme which is not part of the Rules of 1994 was not pointed out at the time of hearing of the above writ petition. Hence, considering the submission made by counsel for the petitioenrs and the

R.P. No.633/2021

judgment of the Supreme Court in the matter of Ajithkumar P. and others(supra), we allow the present review petition and delete the last sentence of para 21 of the order dated 14th July, 2021 passed in WP No.10070/2021 and connected writ petitions. Accordingly, the last sentence of para 21 of above order of this Court starting from "We make it clear ..........in the main examination" stands deleted.

The review petition is accordingly disposed of.

                                    (Prakash Shrivastava)                    (Vishal Dhagat)
                                         Judge                                    Judge

YS

Digitally signed by YOGESH KUMAR
SHRIVASTAVA
Date: 2021.08.25 18:09:05 +05'30'