IN THE HIGH COURT OF MADHYA PRADESH

PRINCIPAL SEAT AT JABALPUR

WRIT PETITION NO. ________/2022

PETITIONERS : BHAIYALAL DWIVEDI

//VERSUS//

RESPONDENTS : STATE OF M.P. & ORS.

INDEX
SR. DESCRIPTION OF DOCUMENT PAGE
NO. DOCUMENTS NO. NO.
1. Index

2. Chronology of events

3. Writ Petition with affidavit

4. List of Annexures

5. Copy of the Preliminary P/1

examination, 2019 result
declared on 21.12.2020
6. Copy of the Mains P/2
examinations, 2019 result
declared on 31.12.2021
7. Copy of Madhya Pradesh P/3
State Service Examination
(Amendment) Rules, 2015
came on 17.02.2020.
8. Copy of the Judgment P/4
 passed by the Hon’ble High
Court of Madhya Pradesh on
07.04.2022
9. Copy of Madhya Pradesh P/5
State Service Examination
Rules, 2015
10. Copy of the impugned letter P/6
dated 10.10.2022declaring
the revised results of
M.P.P.S.C. Preliminary
Examination, 2019
11. Copy of the Notification for P/7
the new Main Examination,
2019 released on
29.09.2022.
12. Vakalatnama

PLACE: JABALPUR ANVESH SHRIVASTAVA

DATED: COUNSEL FOR PETITIONERS
 IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR
WRIT PETITION NO. ________/2022

PETITIONERS : BHAIYALAL DWIVEDI

//VERSUS//

RESPONDENTS : STATE OF M.P. & ORS.

CHRONOLOGY OF EVENTS

SNO. EVENTS Date

1. Petitioner working on the post of Peon 1981

in the Water Resources Department.

2. Earlier the petitioner has filed an 16.09.1997

application before Labour court Sidhi
bearing case no. MVIR/1996 seeking
regularization for his service.
3. Further the order of Labour Court
Sidhi Dated 16.09.1997 was
challenged by the Water Resource
Department in Hon’ble Industrial
Court at Jabalpur Bench bearing
Appeal No. 4-17\/97/MPIR
4. Mains examinations, 2019 conducted 21.03.2021
by the Respondent for the qualified -
candidates. 26.03.2021
 5. Results of the mains examinations, 31.12.2021
2019 declared in which petitioners
qualified to appear for the interview.
6. Judgment by the Hon’ble High Court 07.04.2022
of Madhya Pradesh declaring Rule
4(3)(a)(III) of the 2020 Amendment to
the Madhya Pradesh State Service
Examination Rules, 2015 as ultra
vires.
7. Notification released by the 29.09.2022
Respondent giving the tentative dates
for the new Mains Examination,
2019.
8. Impugned letter by the 10.10.2022
Respondentrevising the results of the
preliminary examination, 2019 and
dismissing the above mentioned
preliminary and mains examinations
as well.

PLACE: JABALPUR ANVESH SHRIVASTAVA

DATED: COUNSEL FOR PETITIONER
 IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR
WRIT PETITION NO. ________/2022

PETITIONER : 1. Bhaiyalal Dwivedi S/o- Shri

Manokamana Ram Dwivedi, Aged
about 63 years, Occupation- Retd.
Peon Water Resource Department,
R/o- Village- Baraundha Post-
Maharajpur, District- Sidhi (M.P.)

//Versus//

RESPONDENTS : 1. State of Madhya Pradesh

Through Engineer in Chief Water
Resource Department, R/o-
Vallabh Bhawan, Bhopal (M.P.)
2. Chief Engineer Dhasan Ken
Kachhar, R/o-Sagar District- Sagar
(M.P.)
3. Chief Engineer Ganga Kachhar
Project Rewa, R/o- District-
Jabalpur (M.P.)
4. Executive Engineer Mahan
Project Division, R/o- Sidhi
District- Sidhi (M.P.)
5. Executive Engineer Water
Resource Department, R/o- Panna,
District- Panna (M.P.)
 WRIT PETITION UNDER ARTICLE 226 OF THE
CONSTITUION OF INDIA

1. Particulars of the Cause/Order against which the

petition is made :

I. Date of Order : 10.10.2022(P/6)

II. Passed in : Madhya Pradesh Public Service
Commission 2019
Preliminaryexamination’s
RevisedResults
III. Passed By : Deputy Controller of Examination of
Madhya Pradesh Public Service
Commission, Indore
IV. Subject Matter in Brief:
The present petition is being filed against illegal and
arbitrary decision of the Respondent M.P. Public Service
Commission in cancelling the results Main examinations
of PSC-2019 and revising the results of Preliminary
Examinations. The Petitioners are amongst the 1918
candidates out of 3.60 lac candidates who appeared in
preliminary examination of PSC-2019. Out of 3.60 lac
candidate 10,767 candidates were selected and
shortlisted for appearing in the Mains Examination in
which the Petitioners appeared and eventually are
amongst 1918 candidates who have been called for
interview to fill up 571 posts through PSC-2019
Examination.
While after 3 years, the Petitioners were finally preparing
to face the interview which was scheduled in February
2022, now at this stage the results and the Mains
Examination itself has been cancelled abruptly requiring
the Petitioners to again appear in Mains. The same is
being purportedly done only in order to adjust the earlier
reserved category candidates who had failed to achieve
the cut-off marks in their respective categories but on
account certain meritorious reserved category candidates
having been transposed in unreserved category on merits
in view of their marks in Mains Examination.
The Petitioners do not oppose the consideration such
reserved category candidates who had earlier failed and
now are getting a chance but the same cannot be done at
the cost and peril of the Petitioners by cancelling their
candidature and at a stage where after years of hard
work and preparation they are eventually at the door
steps of appointment and ready to face only interview.
The Respondent MPPSC ought to have conducted a
special Mains Examination for consideration of such
OBC candidates who had earlier failed to achieve the cut-
off marks. The Petitioners are being asked to appear all
over again in Mains Examination to be held in the first
week of January 2023 for PSC-2019 selection. It is
pertinent that during this period not only 40% syllabus
has been changed but pattern and evaluation system has
also been changed. Thus, requiring the Petitioners who
got shortlisted on merits for interview to again compete
with those who had earlier failed to secure the cut-off
marks in such short period is also highly arbitrary. The
Respondent has virtually turned the clock back putting
the Petitioners to a gravely disadvantageous position and
their entire life and career has been put as stake.

The decision to cancel the examination in these

circumstances is highly unfair, irrational and arbitrary.

The Petitioners are thus challenging the decision dated

10.10.2022taken by the Respondentcancelling the
M.P.P.S.C. Mains Examination, 2019which was
conducted on 12.01.2020in total 10,767 students had
qualified to appear. The said revised result is in
purported compliance of the Judgement passed by this
Hon’ble High Court in the case of Kishore Choudhary v.
State of M.P. & Others arising out of WP No. 542/2021
where the Hon’ble Court declared Rule 4(3)(d)(III)
introduced by Amendment inMadhya Pradesh State
Service Examination Rules, 2015on 17.02.2020 as ultra
vires and had set aside the respective rule. Resultantly,
some students of reserved categories (ST/SC/OBC) who
scored above the minimum cut-off marks of the
unreserved category (UR)got adjusted in the merit list of
unreserved categories (UR) in the result ofthe preliminary
examination, 2019. This further led to entry of few more
students filling the vacant space in the merit list of
reserved categories (ST/SC/OBC) due to the above
adjustment resulting in increase of the total number of
qualified candidates in preliminary examination, 2019
conducted on 12.01.2020 to 13,080 students (from
10,767) qualified to appear for the Mains examination,
2019. The Respondent in para 10 of the impugned
revised result, has not only revised the previously
declared results ofpreliminary exam, 2019so as to add
now qualified candidates but has also cancelled the
mains examination, 2019 for which theresults were
declared on 31.12.2021. The Petitioners in this instant
petition have already qualified the mains examination,
2019 conducted in March 2021 and got selected in the
merit list of the aforementioned mains, 2019 are to
appear for the interview. Including the petitioners total
1918 students passed the main examination, 2019
conducted in march 2021 out of the previously selected
10,767 students in prelims. The Respondentinstead of
conducting a Special Mains Examination for the
nowselected students through the revised results,
cancelled the whole mains examination, 2019 result and
making all the 13,080 students to reappear for the Mains
examination, 2019 by re-conducting it in January 2023
which also include the petitioners in 1918 students who
have already passed the previous Mains examination,
2019. The impugned decision of the respondentis
arbitrary and violative of the Article 14 of the
Constitution of Indiaby atrociously reversing the
situation for the petitioners and taking them 3 years
back knocking down their valuable time and hard efforts
which they put in to qualify the respective mains
examinations, 2019conducted previously in 2021. And by
putting them in the same category of students who were
disqualified in the previous main examinations, 2019 and
making the petitioners compete with them again
simultaneously giving the disqualified students an
unwarranted second chance at the cost of the Petitioners.
Moreover, more than 40% syllabus and pattern of
examination has been changedin the meanwhile

Hence, this petition.

2. A Declaration that no proceeding on the same

subject has been previously instituted in any Court,
Authority or Tribunal. If instituted , the status or
result thereof, along with the copy of the order:
It is declared that no proceeding on the same subject
have been previously instituted in any court, Authority or
Tribunal.
3. Details of Remedy Exhausted:
There is no other alternative, efficacious and speedier
remedy for the petitioners except for approaching this
Hon’ble Court through the instant Writ Petition under
Article 226 of the Constitution of India.

4. Delay, if any, in filling the petition and

explanation therefore:
There has been no delay in filing the instant Writ
petition.

5. FACTS OF THE CASE:

5.1 That, the petitioners appeared for the Madhya

Pradesh Public Service Commission (hereinafter will be
referred to as M.P.P.S.C.) Preliminary examination, 2019
conducted by the respondent on 12.01.2020.

5.2 That, the result of the preliminary examination,

2019 was declared by the respondent on 21.12.2020 in
which the 10,767 students including the petitioners
qualified to appear for the Mains examinations, 2019.
Copy of the said result is annexed herewith as
ANNEXURE P/1.

5.3 That, the qualified 10,767 students including

petitioners appeared for the M.P.P.S.C. mains
examination, 2019 conducted by the respondentfrom
21.03.2021 to 26.03.2021.

5.4 That, the result of the mains examinations, 2019

was declared by the respondent on 31.12.2021 in which
1918 students including the petitioners qualified to
appear for the M.P.P.S.C., 2019 interview. Result of the
Petitioners no. 1 to 13 is at the serial no. 278, 516, 181,
593, 1719, 1468, 1570, 1502, 1516, 1509, 1443, 1462,
1562 respectively.Copy of the said result is annexed
herewith as ANNEXURE P/2.

5.5 That, the Hon’ble High Court of Madhya Pradesh

passed a Judgment on 07.04.2022in the case of Kishore
Choudhary v. State of M.P. & Others arising out of WP
No. 542/2021 where the Hon’ble Court declared Rule 4(3)
(d)(III) introduced by Amendment inMadhya Pradesh
State Service Examination Rules, 2015 on 17.02.2020 as
ultra vires and set aside the respective rule. Copy of the
said Amendment and the Judgment is annexed herewith
as ANNEXURE P/3&ANNEXURE P/4.

5.6 That, the above judgement resulted the original

Madhya Pradesh State Service Examination Rules, 2015 to
take effect which provided that the students of reserved
category (ST/SC/OBC) who scored above the minimum
cut-off marks of the unreserved category (UR) got
adjusted in the merit list of unreserved categories (UR) in
the result of the preliminary examination, 2019. Copy of
the said rules is annexed herewith as ANNEXURE P/5.

5.7 That, to comply with the above judgment and to

take the effect of the above adjustment into the
M.P.P.S.C. Preliminary Examination, 2019 results; the
respondent issued the impugned letter dated 10.10.2022
declaring the revised result of M.P.P.S.C. Preliminary
Examination, 2019 that was originally declared on
21.12.2020. Copy of the said letter is annexed herewith
as ANNEXURE P/6.

5.8 That, the revised result in the aforementioned letter

led to entry of few more students filling the vacant space
in the merit list of reserved categories (ST/SC/OBC) due
to the adjustment of the top scorers of these categories
into the merit list of unreserved categories (UR).

5.9 That, this resulted in increase of the total number of

qualified candidates in preliminary examination, 2019
conducted on 12.01.2020 to 13,080 students (from
10,767 in previous result) qualified for the Mains
examination, 2019.

5.10 That, The Respondent in para 10 of the impugned

revised result, has dismissed the previously declared
preliminary exam, 2019 results alongwith the mains
examination, 2019 result declared on 31.12.2021.

5.11 That, The Petitioners in this instant petition have

already qualified the mains examination, 2019 conducted
in March 2021 and selected in the merit list of the
aforementioned mains, 2019 result to appear for the
interview.

5.12 That, including the petitioners total 1918 students

passed the main examination, 2019 conducted in march
2021 for the previously selected 10,767 students in
preliminary examination, 2019.

5.13 That, the Respondent instead of conducting a

Special Mains Examination for the new selected students
through the revised results, cancelled the whole mains
examination, 2019 result and making all the 13,080
students to reappear for the Mains examination, 2019 by
re-conducting it in January 2023 that include the 1918
students who have already passed the previous Mains
examination, 2019, new selected students in the reserved
categories (ST/SC/OBC), and the rest of the students
who failed and could not qualify the M.P.P.S.C. Mains
Examination, 2019 in first attempt and are getting the
unwarranted second chance to re-appear for the same.
Notification released by the respondent giving the
tentative dates around January 2023 for the new Mains
Examination, 2019 is annexed herewith as ANNEXURE
P/7.

Hence this petition on the following amongst other

grounds.

6. GROUNDS:

6.1 That, more than 40% syllabus and exam pattern

changed. Petitioner cannot be expected to perform in
such situation and that too after a gap of such a long
period.

6.2 That, the entire exercise done at last moment with a

month or two to go for re-exam after abrupt cancellation
is wholly arbitrary. Competitive exam requires long and
arduous hard work and Petitioners shall suffer
irreparably if impugned decision is allowed to stand.

6.3 That, Judgment of this court based on which Mains

Examination has been cancelled only decides the legal
issue that meritorious reserved category candidates are
to be treated in unreserved list as per their merit. It does
not decide the procedure for such implementation, so
cancellation based on high court judgment is illegal and
without application of mind.
6.4 That, Respondent MPPSC has earlier been
conducting special Mains Examination in the past as
well. There is no reason why such exam cannot be
conducted for the reserved category of students who are
to be benefitted. This cannot be done at the cost of
Petitioners career.

6.5 That, by allowing those who had failed to achieve

benchmark in Mains Examination to again appear along
with Petitioners who succeeded on merit earlier, the
Respondent are treating unequals to be equal, which is
arbitrary and illegal.

6.6 That, by allowing earlier failed students to be

treated at par with petitioners, respondents are doing
away with the basic principle of giving primacy to merit,
which is illegal ,since Petitioners merit will no longer
prevail as earlier failed students are being placed at par
with them.

6.7 That, the Impugned decision has no sanction of law

and is not based on any rule or regulation. The same is
arbitrary and discriminatory and therefore liable to be set
aside.

6.8 That, by releasing the impugned letter dated

10.10.2022, the respondent is ruthlessly reversing the
situation for the petitioners by taking them 2 years
behind in their career and making them prepare for the
examination again which they have already qualified.

6.9 That, the respondent by making the petitioners re-

appear in the Mains examination, 2019 is going to
sabotage their valuable time,hardwork and determination
which they had exhausted to qualify the respectiveMains
examinations, 2019which was previously conducted in
March 2021in the first attempt.

6.10 That, the respondent by making the petitioners re-

appear in the Mains examination, 2019 is putting the
petitioners in the category of students who were
disqualified in the previous main examinations, 2019 and
making the petitioners compete with them again,
simultaneously giving the disqualified students an
unwarranted second chance.

6.11 That, the petitioners after qualifying the previously

conducted mains examination, 2019 on 31.12.2021
started preparing for the M.P.P.S.C. interview. The
impugned letter has upturned their preparations which
can seriously impact their performance.

6.12 That, the upcoming mains examination, 2019 is

tentatively taking place in the month of January about
which the petitioners got to know on 10.10.2020that they
also have to appear in that exam through the impugned
letter, leaving very less time for them to prepare for the
same.

6.13 That, the respondent has already wasted a lot of

time of the petitioners by declaring the revised results
after half a year later from the date of the Judgment. By
making the petitioner re-appear for another mains
examination, 2019 will only worsen the situation.

6.14 That, the respondent has been abusing its position

of power and is being very tyrannical with the petitioners
trying to vandalise their crucial years by leaving them
hanging like this even after so much of labour put in by
the petitioners to qualify both the level of examinations of
M.P.P.S.C.

6.15 That, the petitioners are amongst the brightest

minds of the state and cannot be mentally harassed by
the respondent like this, which can put the state’s bright
future at a vulnerable position ending up putting the
country’s future at risk.

6.16 That, the impugned letter dated 10.10.2022released

by the respondent is arbitrary in nature and is violative
of the Article 14 of the Constitution of India. Hence,
deserves to be quashed.
7. RELIEF PRAYED FOR:

In the facts and circumstances of the case, the

Petitioners humbly pray that a suitable writ be issued by
this Hon’ble Court
1. To quash the impugned decision dated 10.10.2022
(ANNEXURE/P-6) passed by Respondent No. 2
cancelling the MPPSC-2019 Mains Examination,
and requiring the Petitioners to re-appear in the
MPPSC-2019 Mains Examination as being illegal
and arbitrary.
2. To hold that cancellation of MPPSC-2019 Mains
Examination after shortlisting of Petitioners for
interview only in order to accommodate and
consider reserved category candidates now eligible
on account of transfer of OBC meritorious
candidates into unreserved category is illegal and
arbitrary.
3. To direct the Respondent MPPSC to hold a
separate/special Mains Examination for such
candidates who have become eligible after the
Petitioners have been shortlisted for interview.
4. Any other relief which this Hon’ble Court deems fit
in the facts of the present case.

8. INTERIM ORDER/WRIT, IF PRAYED FOR:

In the facts and circumstances of the case, the petitioner

prays that the operation of the impugned letter dated
10.10.2022 (Annexure P/6) being perverse &arbitrary be
stayed until final hearing of this petition.

9. DOCUMENTS RELIED ON BUT NOT IN

POSSESSION OF THE PETITIONER:
None.

10. CAVEAT
That, notice of lodging a caveat by the Respondenthas
been received vide Notice no. 7984/04/2020/अ.न-ु 10
released on 12.10.2022.

PLACE: JABALPUR ANVESH SHRIVASTAVA

DATED: COUNSEL FOR PETITIONERS
 IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR
WRIT PETITION NO. ________/2022

PETITIONERS : HARSHIT JAIN & ORS.

//VERSUS//

RESPONDENTS : STATE OF M.P. & ORS.

LIST OF ANNEXURES

S LIST OF DOCUMENTS ORIGINAL/ PAGE

NO. COPY NO.

1. Preliminary examination, COPY

2019 result declared on
21.12.2020.
2. Mains examinations, 2019 COPY
result declared on
31.12.2021.
3. Madhya Pradesh State COPY
Service Examination
(Amendment) Rules, 2015
came on 17.02.2020.
4. Judgment passed by the COPY
Hon’ble High Court of
Madhya Pradesh on
07.04.2022.
5. Madhya Pradesh State COPY
Service Examination Rules,
2015.
6. Impugned letter dated COPY
10.10.2022declaring the
revised results of M.P.P.S.C.
Preliminary Examination,
2019.
7. Notification for the new Main COPY
Examination, 2019 released
on 29.09.2022.
PLACE: JABALPUR ANVESH SHRIVASTAVA
DATED: COUNSEL FOR PETITIONERS