Dr. D.P. Singh & others Vs. State of Madhya Pradesh & Others

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WRIT PETITION, 12713 of 2018, Judgment Date: Jun 22, 2018

Law Laid Down -

• Even if there is a mistake in the advertisement in respect of available posts for general category or for reserved category candidates, that will not confer any cause of action upon the petitioners to dispute the selection process as the candidates have to be appointed in respect of posts available but generally not exceeding the posts advertised. The State would be well advised to calculate the backlog vacancies and to fill the seats keeping in view the advertisement already issued and the seats which fall to the quota of backlog vacancies but the petitioners who are general category candidates cannot be permitted to dispute the entire selection process at this stage as even the examination for filling of such posts is yet to be held. The backlog vacancies are required to be re-verified at the time of filling of the posts. – Reliance is placed upon a Division Bench judgment of this Court delivered on 26.4.2018 in W.P. No.2722/2018 (S) (Niharika Shukla and others vs. State of M.P. & others).
• The State having invited the applications for the general and reserved category candidates is to ensure that the constitutional mandate at the time of appointment and that the state can rework the quota so as to satisfy the Constitutional mandate at the time of appointment but generally speaking, the State is not expected to appoint large number of candidates over and above the posts advertised.
• Since the backlog vacancies have been separately advertised and are in specific subjects, therefore, the advertisement reflecting backlog vacancies separately than the vacancies which have been newly sanctioned is neither unreasonable nor arbitrary.

Dr. D.P. Singh & others Vs. State of Madhya Pradesh & Others