JABALPUR, India, June 8 -- Madhya Pradesh High Court issued the following judgment/order on May 8:

1. The instant appeal has been filed seeking the following relief:-

"i) Allow the appeal by setting aside the order dated 22.04.2025 passed in WP 7328 of 2023 by Learned Single Judge; Ranjeet Kumar Rohitas & Ors. V. State of M.P. & Ors."

2. The Writ Court vide Order dated 22nd April, 2025 has passed Order as under:-

"Respondents are permitted to declare the result of the selected candidates and if appointments are made granting them seniority to the post of Principal Class-I and Class II and seniority to the petitioners, if any, is required to be considered after granting them promotion with effect from the date when appointment on direct recruitment is made, that is the subject matter of the petition and that shall be decided by the Court at the time of deciding the petition finally, as such, the order dated 10.04.2023 is modified to the above extent.

Respondents are permitted to declare the result and proceed further appointing the selected candidates."

3. The case of the appellant in the Writ Petition is that they are claiming under the 50% quota meant for promotion in service and other 50% is for direct recruitment. The petitioners are eligible for promotion and the posts are lying vacant however, the Department is not promoting the petitioners although the selection process has been initiated for direct recruitment and if the 50% from direct recruitment will be selected, then the petitioners would be junior to them.

4. Learned counsel appearing on behalf of the respondent/State has informed this Court that the issue regarding the promotion quota is pending before the Supreme Court therefore, because of the said reason, the promotion from the 50% quota of in service candidates has not been carried out.

5. Though the Writ Court has clarified that the selection of the direct quota shall be subject to the outcome of the Writ Petition pending for adjudication, however, we further make it clear that the selection of the direct quota shall be subject to the outcome of the Writ Petition pending before the Writ Court and we further make it clear that if the Writ Court comes to a conclusion that there was a injustice meted out to the petitioners ignoring them and promoting them after filling the direct selection quota, the Writ Court shall have liberty to say if it is so convinced, then the seniority of the petitioner may be counted from the date when their vacancy arises. However, if the Writ Court comes to that conclusion, that will be only after hearing the persons who are appointed from the direct recruitment.

6. With the aforesaid directions, the appeal is disposed off.

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