Madhya Pradesh High Court
Monali Kungani vs The State Of Madhya Pradesh on 1 June, 2023
Author: Rajendra Kumar (Verma)
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
WP No. 12248 of 2023
(MONALI KUNGANI AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 01-06-2023
Shri Anshul Tiwari - Advocate for petitioners.
Ms. Swati A. George - Panel Laywer for respondent No.1/State.
Issue notice to respondent No.2 by registered mode on payment of
process fee within seven working days.
This petition is filed on the ground that preliminary examination
was conducted on 12/01/2020 by the Madhya Pradesh Public Service
Commission for recruiting persons to various posts under the M.P. State
Civil Services.
R es ult of preliminary examination was declared on 21/12/2020.
Petitioners had cleared that exam then main exam was conducted between
21/3/2021 and 26/3/2021. Petitioners had cleared that main exam also for
which result was declared on 31/12/2021.
It is submitted that in the meanwhile, Hon'ble Division Bench of
this Court in W.P. No.542/2021 decided on 7th April, 2022 held that even
reserve category candidates are entitled to seek migration from reserve
category to general category on the basis of their merits, therefore, taking this
decision in consideration, respondents have revised the merit list and have held
petitioners to be not eligible even for main examination.
It is submitted that this exercise conducted behind back of the petitioners
has caused prejudice to the petitioner inasmuch as earlier Hon'ble Division
Signature Not Verified
SAN
Bench of this High Court in W.P. No.8750/2022 after considering the
Digitally signed by NITESH PANDEY
Date: 2023.06.01 18:36:41 IST
judgment passed by another Division Bench in W.P. No.542/2021 on 7th April,
2022 vide its order dated 02/01/2023 held that preliminary examination is only a
screening test and, therefore, migration will not be permissible.
Taking this judgment into consideration which has considered the earlier
judgment dated 7th April, 2022, it is submitted that revision of result of
the preliminary examination on a subsequent decision from a retrospective
effect is uncalled for.
Since petitioners have already qualified the main exam, they cannot
be debarred from undertaking the interview and that interview be made subject
to outcome of this writ petition.
Though this contention put forth by Anshul Tiwari, is challenged
by Ms. Swati A. George, learned Panel Lawyer for respondent No.1/State, but,
prima facie, there appears to be substance in the arguments. Firstly, whether
the decision dated 7th April, 2022 can be applied retrospectively is the
moot question even if its validity as has been doubted by the subsequent
decision in W.P. No.8750/2022 is overlooked for the moment in hypothetical
manner. Secondly, the fact is that once petitioners had cleared the prelims and
main examination, then can they be debarred on the basis of the subsequent
judgment i.e. whether the decision dated 7th April, 2022 will have
retrospective application or will be prospective in nature. Third question
is that whether those candidates who were permitted to migrate presuming
the validity and correctness of the decision dated 7th April, 2022 to be intact,
then can the authorities still revise the result retrospectively or they are required
to create supernumerary slots for accommodating such migration without
Signature Not Verified
adversely affecting the rights of the petitioners or similarly situated
SAN
Digitally signed by NITESH PANDEY
persons who had cleared the prelims as per those parameters which
Date: 2023.06.01 18:36:41 IST
were applicable at the time of declaration of result and thereafter succeeded in
main exam also.
These being the issues which needs to be answered by the respondents,
let respondents permit the petitioners to participate in the interview subject to
the outcome of this petition and file their additional reply within four weeks.
List this case along with W.P No.4783 of 2023.
(RAJENDRA KUMAR (VERMA))
V. JUDGE
Nitesh
Signature Not Verified
SAN
Digitally signed by NITESH PANDEY
Date: 2023.06.01 18:36:41 IST
