Madhya Pradesh High Court Directs Relaxation Of Marks For OBC Candidates in Judicial Services Exam

A division bench of Chief Justice Ravi Malimath and Justice Vishal Mishra observed, “Therefore, for the interregnum, we deem it just and necessary that the relaxation of marks that is being provided to the Scheduled Castes and Scheduled Tribes candidates in Rule 5(3) and (4) as well as the proviso to Rule 7(g) of the Rules of 1994 requires to be relaxed.”

“Therefore, it is directed that the OBC category candidates are required to secure at least 55% marks in the preliminary examination and 45% marks in each paper and 50% marks in aggregate in the main examination, which shall be similar to the relaxation of marks for the Scheduled Castes and Scheduled Tribes candidates,” the bench added.

In reference to the amendment to Rule 7(g) of the 1994 Rules, the court modified the stipulation for OBC category candidates, reducing the required marks from 70% to a minimum aggregate of 50%, aligning it with the relaxation granted to Scheduled Castes and Scheduled Tribes candidates.

The remaining conditions under Rule 5(3) and (4), as well as the proviso to Rule 7(g) of the 1994 Rules, remained unchanged, subject to the court's future orders.

The plea challenged the Madhya Pradesh Judicial Service (Recruitment and Conditions of Service) Rules, 1994, arguing that the provision of relaxation in marks afforded to Scheduled Castes and Scheduled Tribes candidates had not been extended to candidates in the OBC category.

The petitioner contended that OBC candidates were being considered alongside General category candidates without receiving the same marks relaxation, despite being entitled to reservation. This denial of relaxation was specifically pointed out in Rules 5(3) and (4) of the 1994 Rules, as well as in the proviso to Rule 7(g).

Furthermore, the petitioner argued that reservation should be applicable at all stages of the selection process. Thus, the petitioner's plea was for OBC category candidates to be granted the same concessions as those provided to Scheduled Castes and Scheduled Tribes candidates.

In response, Aditya Adhikari, the senior counsel representing the respondent Madhya Pradesh High Court, conveyed that he had only received notice of the petition two days prior and requested additional time to prepare and submit a reply.

The Court observed that applications for recruitment to the posts of Civil Judge Junior Division (Entry Level), Exam - 2022 have been solicited by the High Court, with the deadline for submission set on 18.12.2023.

Prima facie, it was of the view that the relaxation as provided to the Scheduled Castes and Scheduled Tribes candidates required to be provided to the OBC category candidates as well, but no such relaxation had been provided to these candidates in the impugned Regulations.

The Bench said, “since they are being classified along with the unreserved category candidates, therefore, prima facie, we are of the view that the rights of those candidates who belong to the OBC category are being affected in view of no concession being granted to them on par with the Scheduled Castes and Scheduled Tribes candidates and on the contrary they are being classified along with the unreserved category candidates.”

The Court further observed that it shall issue a corrigendum to the said effect. The senior counsel submitted that the corrigendum would be issued within three working days.

On the rest of the contentions, the Court said that the same would be considered once a reply had been filed on behalf of the High Court Administration.

The court emphasized that upon issuance of the corrigendum, it would apply not just to the petitioner but to every eligible candidate. It however noted that the interim order granted and the subsequent proceedings would not establish any equity in favor of candidates availing themselves of the benefit.

Accordingly, it concluded and scheduled the matter for further proceedings after the Court vacations.