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The Court added that this directive does not affect ongoing recruitment where examinations have already been conducted.
Supreme Court said that the reservation for the Persons with disabilities has been treated as Horizontal Reservation i.e. the reservation under Clause (1) of Article 16, and not the Vertical reservation i.e. the reservation under Clause (4) of Article 16 of the Constitution of India.
The Court opined that it may not be proper to look at specific questions and the answers pointed out by the different petitioners and to re-evaluate each of them. Thus, the Court restrained from detailed examination of the objections raised, but for completeness, it dwelled upon specific contentions.
“One lapse on the part of the State is all it took to generate this litigation, impacting multitudes of job aspirants in the State of Madhya Pradesh. The lapse was the amendment of an existing service rule on 17-02-2020 which was recalled thereafter on 20-12-2021, restoring the rule to its original position, but in the interregnum that amended rule was applied to an ongoing recruitment process.”
“Since this a case that brings to the fore a palpable error, the Court, which is otherwise wary of entering an arena reserved for the experts, is constrained to entertain the writ petition and grant the necessary relief.”