Benefit Of Migration Should Be Extended To Meritorious Reserved Category Candidates In All Stages Of Judicial Services Recruitment: MP High Court
The Madhya Pradesh High Court has directed that the benefit of migration shall be extended to meritorious reserved category candidates in unreserved category in all the stages of selection in all future recruitment exams conducted by Examination Cell of the High Court.
The Court was considering a Writ-Petition filed by Anusuchit Jati, Evam Jan Jati Adhikari Karamchari Sangh in this regard.
The division bench of Chief Justice Suresh Kumar Kait and Justice Vivek Jain observed, "The Hon’ble Supreme Court in Deependra Yadav (supra) has approved the legality and validity of extending the benefit of migration to meritorious reserved category candidates in unreserved category in all stages of selection as held by Coordinate Bench of this Court in Kishore Choudhary (supra)."
The Petitioner was represented by Advocate Rameshwar Singh Thakur and Advocate Vinayak Prasad Shah.
The contention of the Petitioner was that no meritorious reserved category candidate has been placed against the unreserved seats in the preliminary examination but only in final results after mains examination and interview thereby causing grave injustice to the reserved category candidates and the right of reserved category (i.e. OBCs, SCs and STs) candidates is adversely affected which is guaranteed by Articles 14 and 16 of the Constitution of India.
It was further contended that while shortlisting the candidates in preliminary stage, candidates against the unreserved seats should have been selected by meritorious candidates including meritorious reserved category candidates.
The Court referred to recent Supreme Court ruling in the case of Deependra Yadav and others Vs. State of Madhya Pradesh & Ors. which dealt with the aspect of extending benefit of migration to meritorious candidates of reserved category at the preliminary examination stage itself.
".....we direct that henceforth in all future recruitment exams conducted by Examination Cell of High Court of Madhya Pradesh benefit of migration shall be extended to meritorious reserved category candidates in unreserved category in all the stages of selection process. It is however clarified that ongoing recruitment examination conducted by the Examination Cell wherein examination (preliminary or mains as the case may be) has already been conducted shall not be affected by this order," the Court ordered.
The Petition was accordingly allowed.
Cause Title: Anusuchit Jati, Evam Jan Jati Adhikari Karamchari Sangh vs. MP High Court of Madhya Pradesh And Others. (2024:MPHC-JBP:57055)
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