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Madhya Pradesh High Court · body

2020 DIGILAW 770 (MP)

Rajjan Tiwari v. State of M. P.

2020-08-04

AJAY KUMAR MITTAL, NANDITA DUBEY

body2020
ORDER 1. By filing this writ petition under Article 226 of the Constitution of India the petitioner has prayed for issue of a writ of mandamus directing the respondents to take into consideration the EWS (Economically Weaker Section) Certificate issued to him by the Competent Authority and to include his name in the provisional select list of EWS open candidates in Political Science subject in the recruitment process being carried out for appointment to the posts of High School Teacher. 2. The facts giving rise to this writ petition are that around 17,000 posts of High School Teachers in various subjects in the schools run by the State Government were advertised, which were to be filled through High School Eligibility Test, 2018 conducted by the Professional Examination Board. The rules governing the service conditions and recruitment to M.P. School Education Service (Teaching Cadre), were published in Gazette of M.P. on 30th July, 2018 (Annexure P-1) which are called as “the M.P. School Education Service (Teaching Cadre), Service Conditions and Recruitment Rules, 2018 (for short ‘the 2018 Rules”), which came into force w.e.f. 01.7.2018. The petitioner applied in two subjects i.e. Political Science and Economics in the unreserved category (Annexure P-3). The online eligibility test in Political Science subject was held on 09.2.2019. The result was declared on 28.8.2019 (Annexure P-5) in which the petitioner was declared qualified in Political Science subject having scored 94.44 marks out of 150 and he was disqualified in Economics subject. 3. The State Government vide circular dated 2.7.2019 (Annexure P7) has decided to provide 10% reservation to the Economically Weaker Sections (EWS) of the society in the admission to the Educational Institutions as well as in public employment in the State. Vide Notification published in the M.P. Gazette on 24.12.2019 (Annexure P-8), Clause (a) of sub-rule (7) of rule 11 of the 2018 Rules has been substituted to reserve the posts for the candidates belonging to Economically Weaker Sections as well in compliance of the orders issued by the State Government from time to time in that behalf. Thereafter, in accordance with rule 12(1) of the 2018 Rules under which the process of recruitment and preparation of select list is provided, the respondent No.2 issued a directory/instructions on 10.1.2020 (Annexure P-10) for counseling of the eligible candidates. Thereafter, in accordance with rule 12(1) of the 2018 Rules under which the process of recruitment and preparation of select list is provided, the respondent No.2 issued a directory/instructions on 10.1.2020 (Annexure P-10) for counseling of the eligible candidates. As per Clause 5(1) and (2) of the said instructions, it was decided to grant the benefit of 10% reservation to the EWS unreserved candidates in the recruitment process for High School Teachers. Clause 15.1 of the said instructions sought for insertion of EWS status by the EWS unreserved eligible candidates in their profile whereas Clause 16 thereof provided for the candidates to keep the entire reservation related documents ready at their level prior to the date of uploading the documents on the portal. As per Clause 17 thereof, the candidates were granted time between 17th January, 2020 to 2nd February, 2020 to register their EWS status in the profile. According to the petitioner, since he also belongs to Economically Weaker Sections of the society, he created his profile vide document Annexure P-9 and declared his status as EWS unreserved candidate but he could not procure the certificate before the cutoff date i.e. 2nd February, 2020 and therefore, recreated his profile and again declared himself as Non-EWS candidate vide Annexure P-11. The petitioner has now been issued EWS certificate (Annexure P-13) by the Tehsildar in the month of June, 2020. The respondents have declared provisional select list. In Political Science subject in which the petitioner has qualified, as many as 18 candidates who have secured less marks than the petitioner have been selected. In this manner, this writ petition has been filed by the petitioner seeking to include his name in the provisional select list of EWS open candidates in Political Science subject. 4. Learned counsel for the petitioner has vehemently argued that 10% EWS reservation was not provided in the initial advertisement issued in 2018 as at that time even the Central Amendment Act had not come into force. The State Government adopted 10% reservation for EWS in the month of July, 2019 but it has been provided in the current recruitment process only in the month of January, 2020 and thereafter, very short time was given for procurement of the EWS certificate. The said reservation has been provided for the very first time in the recruitment. The State Government adopted 10% reservation for EWS in the month of July, 2019 but it has been provided in the current recruitment process only in the month of January, 2020 and thereafter, very short time was given for procurement of the EWS certificate. The said reservation has been provided for the very first time in the recruitment. The petitioner had timely created his profile as EWS unreserved candidate and he was trying to procure the EWS certificate from the Authorities but due to there being several conditions for obtaining such certificate and later on due to Covid-19 situation, he could obtain the same in the month of June, 2020. Learned counsel submits that it is not a case where the petitioner has become economically weaker after the cutoff date. The petitioner had the said status even prior to the cutoff date and therefore, his name deserves to be included in the provisional select list of EWS candidates as the persons who have obtained lesser marks than the petitioner have secured berth in the select list and the recruitment process is yet to complete. He further argued that as against 44 vacancies advertised in Political Science subject, the select list includes only 38 names and no provisional waiting list has been published for EWS candidates. 5. Having heard learned counsel for the petitioner and on perusal of the material on record, it is gathered that admittedly, the petitioner could not upload the requisite EWS certificate before the cutoff date to avail the benefit of 10% reservation in EWS (Economically Weaker Sections) unreserved category for consideration of his candidature in the said category before the declaration of the provisional select list. After the instructions dated 10.1.2020 (Annexure P-10) were notified, the petitioner though had created his profile under EWS category but since he could not procure the said certificate to upload the same, he had recreated his profile as Non-EWS candidate. Thus, there was no material for consideration of his candidature under EWS category. The petitioner has shown his own difficulties in procuring the EWS certificate before the cutoff date and no fault has been attributed to the respondents in that behalf. There is no material to point out that cutoff date for submission of EWS certificate was enhanced or the same could be accepted or taken into consideration before publication of the final select list in the subject. There is no material to point out that cutoff date for submission of EWS certificate was enhanced or the same could be accepted or taken into consideration before publication of the final select list in the subject. The circular regarding grant of 10% reservation under EWS unreserved category was issued on 2.7.2019 and thereafter, the amended Notification was also published on 24.12.2019. Vide Instructions dated 10.1.2020 (Annexure P-10), sufficient time was provided for procuring the said certificate but if the petitioner due to his own difficulties had not been able to upload the requisite certificate before the cutoff date then no fault can be attributed to the respondents. The cutoff date for uploading the EWS certificate was specifically notified as 2nd February, 2020 but the lockdown was declared w.e.f. 25.3.2020. Therefore, the said plea does not help the petitioner. Learned counsel for the petitioner has failed to point out that any other candidate without fulfilling the said criteria has been selected in the provisional select list. 6. Apart from the aforesaid, since the petitioner was not possessed of the EWS certificate and did not upload the same before the cutoff date, he cannot be granted the relief as sought for as that would discriminate against other candidates who may not have applied under the EWS unreserved category for want of EWS certificate considering themselves ineligible in terms of the requirement of the Rules and Clauses 16 and 17 of the instructions dated 10.1.2020 (Annexure P-10). 7. For the reasons stated hereinabove, we do not find any ground to interfere in the writ petition. Accordingly, the same is dismissed.