Madhya Pradesh High Court
Chairman Public Service vs Dr. Sanjeev Khemaria on 12 January, 2018
THE HIGH COURT OF MADHYA PRADESH
1
WA.420.2017
Chairman, Public Service Commission and another
Vs.
Dr. Sanjeev Khemaria and others
Gwalior, Dated : 12.01.2018
Shri R.D. Jain, learned Senior Counsel with
Shri S.K. Jain, learned counsel for the appellants.
Shri K.B. Chaturvedi, learned Senior Counsel
with Shri G.P. Chaurasiya, learned counsel for
respondent No.1.
Smt. Nidhi Patankar, learned Government Advocate, for respondent No.4/State.
With the consent of learned counsel for the parties, matter is finally heard.
The issue, raised in the present appeal, as to whether a candidate who opts to take up a competitive examination not as a General Category/Unreserved category but as a reserved category candidate belonging to SC/ST/OBC, as the case may be, thus, competing amongst the candidates of his/her category, if obtain marks higher than obtained by the candidates of a General Category can be permitted to incur in the General Category, in other words, whether a candidate having opted to participate in a competitive examination as a reserved category candidate can be permitted to migrate to General Category which crops up for consideration herein has been answered by a Division Bench of this Court in WA.414/2017 (Surendra Singh Yadav Vs. THE HIGH COURT OF MADHYA PRADESH 2 WA.420.2017 Chairman, Public Service Commission and another Vs. Dr. Sanjeev Khemaria and others State of M.P. and others) and WA.940/2017 (Madhya Pradesh Public Service Commission Vs. Dr. Nabhikishore Chaudari and others) wherein the decision rendered by the Single Judge has been upheld holding:
"(11) Thus, when a reservation is horizontal, then the candidate selected on the basis of reservation in any category has to be fixed in said category and cannot be allowed to migrate to other category.
The concept of migrating from one category to another on the basis of merit may hold good in vertical reservation but in horizontal reservation the same is not applicable."
In view whereof, the present appeal also stands disposed of in the same terms with a modification qua imposition of cost of Rs.10,000/- which we, in the given facts of the present case, set aside.
Consequently, Appeal is partly allowed to the extent above.
(Sanjay Yadav) (Ashok Kumar Joshi)
Judge Judge
pd
PAWAN DHARKAR
2018.01.16
13:58:46 -08'00'