SC stays HC order stopping reserved category candidate migrating to general quota
The Madhya Pradesh High Court had quashed a decision of MP Public Service Commission to allow the candidates, appearing in an exam as a reserved category, to migrate to the general category.
The apex court has stayed a Madhya Pradesh High Court decision on the migration of the OBC candidates to the unreserved category. A bench comprising Justices U U Lalit and M M Shantanagoudar issued a notice to the other parties on a plea filed by the candidate Sadhana Singh Dangi.
"Issue notice, returnable in the last week of July 2020... Pending further consideration, there shall be a stay of the judgment and order passed by the High Court which is presently under challenge," said the bench, also comprising of Justice Vineet Saran.
The apex court allowed all applications seeking intervention in the matter and asked other petitioners to file their affidavits in response within two weeks.
Earlier, the HC had quashed a decision of Madhya Pradesh PSC to allow the candidates, appearing in an exam as a reserved category, to migrate to the general category.
Dangi appeared in the exam as an OBC candidate and topped the exam in the unreserved category. However, she decided not to seek eligibility on the basis of reservation.
Another candidate Pinki Asati and others challenged the commission's decision before the Madhya Pradesh HC.
The HC, in its April 29 order, had held that the procedure adopted by the MP PSC regarding 92 female candidates of not allotting them seat against OBC, SC and ST, is incorrect.
The high court said that it did not approve the allotment of seats granted to the candidates of different reserved categories for women, who have been allotted seats of SC, ST and OBC – females, ignoring the claims of the interveners.
Passing the order on the plea filed by Asati and others, the HC had quashed the list of selected candidates and said it was impermissible to draft in an OBC candidate in the unreserved category and appoint her to a post earmarked for the latter.
Asati had appeared in the Assistant Professor Examination – 2017 conducted by the MPPSC as an unreserved candidate. Out of a total 84 posts advertised for assistant professors, 26 were reserved for women candidates. While 12 seats were for unreserved, four were for scheduled castes and six each for STs and OBCs.
The high court in its order has said, ”We quash the revised select list prepared by the respondents and direct that a merit list will be drawn afresh by making fresh allotment of seats.”