Madhya Pradesh High Court
Swatentra Kumar Jain vs The State Of Madhya Pradesh on 20 July, 2020
Author: Sanjay Yadav
Bench: Sanjay Yadav
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WP-8923-2020, WP-8930-2020, WP-9328-2020 & WP-3757-2020
THE HIGH COURT OF MADHYA PRADESH
Writ Petition No.8923/2020
(Chandrakant Dwivedi vs The State of Madhya Pradesh and another)
Writ Petition No.8930/2020
(Swatentra Kumar Jain and others vs The State of Madhya Pradesh and others)
Writ Petition No.9328/2020
(Shivangna Shukla and another vs The State of Madhya Pradesh and another)
and
Writ Petition No.3757/2020
(Shantilal Joshi and others vs The State of Madhya Pradesh and another)
Jabalpur, Dated : 20.07.2020.
Hearing through Video Conferencing.
Ms. Jyoti Praveen Verma, learned counsel for the petitioners
in WP-8923-2020 and WP-9328-2020.
Mr. Suyash Mohan Guru, learned counsel for the petitioners in
WP-8930-2020.
Mr. Brahmendra Prasad Pathak, learned counsel for the
petitioners in WP-3757-2020.
Mr. R.K. Verma, learned Additional Advocate General with
Mr. Ashish Anand Bernard, learned Deputy Advocate General for
the respondents/State and its functionaries.
As prayed for on behalf of respondents/State, fifteen days' time is granted to file return.
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WP-8923-2020, WP-8930-2020, WP-9328-2020 & WP-3757-2020 At this stage, learned counsel for the petitioners pray for an interim order in terms of the order dated 31.01.2020 passed in Writ Petition No.5901/2019. In said Writ Petition also, there is a challenge to the validity of reservation enhanced from 14% to 27% in favour of OBC category, wherein vide order dated 31.01.2020, it was ordered :
"To come up for arguments on the said I.A on 05.02.2020.
Learned Advocate General prayed that the interim order which was passed on 28.01.2020 be clarified and the Public Service Commission be allowed to proceed for selection of candidates as per notification but Public Service Commission shall not finalize and make any appointments on that basis without seeking prior permission from this Court.
Learned counsel for the petitioners did not have any objection with regard to the continuation of the selection process but urged that it should be subject to final outcome in the writ petition and no final list be published without the prior permission of this Court.
Accordingly, after hearing the learned counsels, it is directed that, it shall be open for the Public Service Commission to go ahead with the selection process. However the same shall not be finalized and no 3 WP-8923-2020, WP-8930-2020, WP-9328-2020 & WP-3757-2020 appointments shall be made without prior permission of the High Court."
To maintain parity, it is ordered that the order passed in Writ Petition No.5901/2019 on 31.01.2020 shall mutatis mutandis apply in these writ petitions.
However, it is made clear that interim order will not be applicable in respect of 10% reservation carved out for the Economically Weaker Section in the General Category by virtue of the Constitution (103rd Amendment) Act, 2019.
List on 18.08.2020 along with Writ Petition No.5901/2019.
(Sanjay Yadav) (B. K. Shrivastava)
JUDGE JUDGE
vinod
Digitally signed by
VINOD VISHWAKARMA
Date: 2020.07.21
13:05:29 +05'30'