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(Jabalpur, dtd.29.04.2020) Per : Vijay Kumar Shukla, J.-

In this batch of writ petitions, invoking writ jurisdiction under Article 226 of the Constitution of India, the petitioners have assailed the legality of the revised Select List issued by the M.P. Public Service Commission, Indore [for short, "the MPPSC"], whereby private respondents, who submitted their candidature against reserved category in Other Backward Class Female (OBCF) for the post of Assistant Professors in different subjects, have been selected and allotted Unreserved Female (UNRF) posts/seats, however the petitioners have been kept in waiting list denying selection. Thus, in the obtaining factual matrix, the petitioners have agitated their grievance in the present batch of writ petitions, wherein the following issue has cropped up for consideration :

2. Regard being had to the commonality of controversy, the writ petitions were heard together and are being disposed of by common order. For the sake of convenience, the facts from W.P. No.19126/2019 (Pinki Asati vs. State of M.P.) are adumbrated herein. Before adverting to the issue, it is condign to refer the pleadings and submissions canvassed on behalf of the petitioners, respondents and interveners as well, in W.P. No.19126/2019.

3. The Madhya Pradesh Public Service Commission issued an advertisement, dated 12-12-2017, called as "Assistant Professor Examination - 2017" for the post of Assistant Professors in various disciplines. Three types of vacancies were advertised. We have taken example of post in the subject of Geography from the case of Pinki Asati (W.P. No.19126/2019). The first was of backlog posts, in which there was no post for the "unreserved category". The second type of posts were the posts which fell vacant due to promotion/superannuation, in which there were total 36 posts, out of which 16 posts were meant for unreserved category and 5 posts out of said 16 posts of unreserved category were reserved for Female Unreserved Category (UNRF) under the 33% reservation provided in the M.P. Civil Services (Special Provision for appointment of Women) Rules, 1997 [hereinafter referred to as "1997 Rules"]. The third type of posts were newly created posts in which there were total 40 posts out of which 20 posts were for unreserved category and 7 posts out of said 20 posts of unreserved category were reserved for Female Unreserved Category (UNRF). Thus, out of total 36 posts of Unreserved Category (UNR), 12 posts were reserved for the UNRF, as mandated in the 1997 Rules. At this juncture it is useful to refer the relevant part of the advertisement which is extracted hereunder :

4. The petitioner appeared in the Assistant Professor Examination - 2017 conducted by the MPPSC for the post of Assistant Professor (Geography) as an unreserved candidate. The petitioner has arraigned respondent Nos.3 to 5 as party, who were selected against the post reserved for female unreserved category (UNRF), though they were the candidates of OBCF category.

5. Earlier, the petitioner assailed the select list, dated 14-8- 2018 published by the respondent No.2 in W.P. No.21091/2018 which was disposed of on 26-6-2019 considering the undertaking given by the State and the Union Public Service Commission, that they would examine all the issues as regards reservation and appointment made for the women categories and publish a final list afresh in accordance with law.

7. According to the petitioner she being fully qualified and eligible for the post of Assistant Professor applied in the subject of Geography under UNRF category. There were total 36 posts of Assistant Professor (Geography) for unreserved category (UNR), out of which, 12 posts were reserved for the UNRF, as per the mandate of the 1997 Rules. Similarly, reservation for women candidates was provided for other categories also. For delineation we have taken an example of the post of Assistant Professor (Geography). It is not in dispute that the same reservation was provided in other subjects as well.