Anju Shukla vs The State Of Madhya Pradesh
2022 Latest Caselaw 2825 MP

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                                              The High Court Of Madhya Pradesh
                                                        WP No. 3750 of 2022
                                                   (ANJU SHUKLA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                   Jabalpur, Dated : 28-02-2022

                                         Shri Anshul Tiwari - Advocate for the petitioner.

                                         Shri Rameshwar Singh Thakur and Shri Vinayak Prasad Shah - Special
                                   Advocates for respondents No.1, 2, and 3/ State.

Shri Parag Tiwari, Advocate appears for respondent No.4. Learned counsel for the petitioner contends that subject matter involved

herein is similar to the one which has been considered by this Court in a series of writ petition as in Writ Petition No.5901 of 2019 and connected matters, wherein the Ordinance providing reservation of 27% for O.B.C. Category has been challenged. In the order dated 19-03-2019 passed in Writ Petition No.5901 of 2019, an interim order has been granted directing that the respondents shall not provide reservation of more than 14% for the O.B.C. Category. The petition herein is similar in nature except that the post involved herein is that of the recruitment to the post of Scientific Officer.

The same is disputed by Shri V. P. Shah, learned counsel appearing for the

respondents No.1, 2 and 3. He relies on the judgment of Supreme Court in the case of Indra Sahney Vs. Union of India - AIR 1993 SC 477 as well as the order dated 7.1.2022 passed by the Hon'ble Supreme Court in W.P. No.961 of 2021 in the case of Neil Aurelio Nunes & Others Vs. Union of India & Others. Hence, he pleads that no interim order be granted.

This Court right from the year 2019 has been granting stay of reservation beyond 14%. All the matters are pending adjudication.

On a specific question being asked, the learned Government Advocate submits that none of the interim orders granted by this Court have been challenged before the Hon'ble Supreme Court. They have been accepting all the interim orders being granted by this Court.

We fail to understand as to how objection has been made only as far as this Signature Not Verified SAN

particular petition is concerned. Therefore, in view of the similar orders being Digitally signed by DEEPA MISHRA Date: 2022.03.02 17:17:46 IST

granted, the petitioner is necessarily entitled for the same relief as the other writ

petitioners have been granted.

Consequently, it is directed that the respondents shall not provide reservation more than 14% for the O.B.C. Category, with respect to recruitment to the post of Scientific Officer, Forensic Science Laboratory, Madhya Pradesh.

Post along with Writ Petition No.5901 of 2019.

                                         (RAVI MALIMATH)                               (DINESH KUMAR PALIWAL)
                                           CHIEF JUSTICE                                        JUDGE

                                   mrs. mishra




Signature Not Verified
  SAN




Digitally signed by DEEPA MISHRA
Date: 2022.03.02 17:17:46 IST