Sapna Chourasiya vs The State Of Madhya Pradesh
2023 Latest Caselaw 8202 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      WP No. 12335 of 2023
                                (SAPNA CHOURASIYA AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 05-06-2023
                                Shri Anshul Tiwari - Advocate for the petitioners.

                                Shri G.P. Singh - Govt. Advocate for respondent No.1-State.

Shri Divyakrishna Bilaiya - Advocate for respondent No.2.

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. Result of preliminary examination was declared on 21/12/2020. Petitioners had cleared that exam then main exam was conducted between 21/2/2021 and 26/06/3/2021. Petitioner had cleared that main exam also for which result was declared on 31/12/2021.

I t 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 Bench of this High Court in W.P. No.8750/2022 after considering the 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.

Signature Not Verified Signed by: KAFEEL AHMED ANSARI Signing time: 6/5/2023 6:10:26 PM

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 Shri Anshul Tiwari is challenged by Shri Divyakrishna Bilaiya, learned counsel for respondent No.2,-M.P. Public Service Commission, 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 adversely affecting the rights of the petitioners or similarly situated persons who had cleared the prelims as per those parameters which 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,

Signature Not Verified let respondents permit the petitioners to participate in the interview subject to Signed by: KAFEEL AHMED ANSARI Signing time: 6/5/2023 6:10:26 PM

the outcome of this petition and file their additional reply within four weeks.

List this case along with W.P. No.4783 of 2023.

(ACHAL KUMAR PALIWAL) V. JUDGE

kafeel

Signature Not Verified Signed by: KAFEEL AHMED ANSARI Signing time: 6/5/2023 6:10:26 PM