ORDER
A.K. Patnaik, C.J.
1. This is a petition under Article 227 of the Constitution of India filed by the State of Madhya Pradesh challenging the order dated 22-6-1999 passed by the Madhya Pradesh Administrative Tribunal, Bhopal Bench, (for short the Tribunal’) in Original Application No. 502/1998.
2. The relevant facts are that Madhya Pradesh Public Service Commission (hereinafter referred to as the ‘PSC’) issued an advertisement dated 9-4-1998 inviting applications from the candidates for recruitment to the State Civil Services Examination. Pursuant to a circular dated 2-12-1997 of the State Government, the advertisement stipulated in condition No. 4 that the candidate must have passed Higher Secondary or the Graduate degree from any school or college in the State of Madhya Pradesh. In response to the said advertisement, the respondent No. 1 submitted his application before the respondent No. 2/PSC, but his candidature was rejected by the PSC on the ground that he had not passed either Higher Secondary or Graduate degree from any school or college in the State of Madhya Pradesh and, therefore, did not satisfy the said condition No. 4 of the advertisement issued by the PSC. The respondent challenged the said condition No. 4 as well as the communication dated 17-6-1998 of the PSC rejecting his candidature before the Tribunal in Original Application No. 502/1998 contending that he was born in Sagar in the State of Madhya Pradesh on 11-9-1974 and had studied in Madhya Pradesh up to Vlth Class, and thereafter since his father who was a Police Officer, was transferred out of the State, he could not prosecute his studies in Madhya Pradesh but had to pursue his studies outside Madhya Pradesh. The respondent further stated in his application before the Tribunal that he had passed All India Secondary School Examination (10th class) from the Central School, Agartala in the year 1989 and the Central Board of Secondary Education Examination (12th Class) from Delhi Pubic School, Delhi in 1991 and thereafter graduated from the Delhi University in 1994. He further contended before the Tribunal that the said condition No. 4 in the advertisement issued by the PSC restricting the candidature for State Civil Services examination in the State of Madhya Pradesh only to persons who had passed Higher Secondary Examination or obtained Graduate Degree from the schools or colleges in Madhya Pradesh, was violative of the right to equality in the matter of public employment guaranteed under Articles 14 and 16 of the Constitution of India. By the impugned order dated 22-6-1999, the Tribunal held that condition No. 4 of the Advertisement as well as the Government Circular dated 2-12-1997 are arbitrary, unreasonable, discriminatory and violative of the equality provisions of Articles 14 and 16 of the Constitution of India and accordingly, quashed the rejection of candidature of the respondent by letter dated 17-6-1998 of the PSC and further directed that the result of the respondent, who had already taken the State Civil Services Examination pursuant to the interim direction of the Tribunal, would be declared and based on such result, further action, as per rules, be taken by the petitioner.
3. Mr. Vivekanand Awasthy, learned Government Advocate appearing for the State of M.P., submitted that in Para 3 of the impugned order dated 22-6-1999, the Tribunal has stated that no return has been filed by the State although sufficient time and opportunity was granted to it. He submitted that, in fact, a return had been filed by the State of M.P. and the Tribunal has not considered the said return and yet held that the circular dated 2-12-1997 of the State Government and condition No. 4 of the advertisement issued by the PSC are violative of the equality provisions in Articles 14 and 16 of the Constitution of India. He referred to the return filed by the State of M.P. before the Tribunal to show the reasons for the circular dated 2-12-1997 of the Government limiting the candidature for the State Civil Services Examination to only those candidates who had passed Higher Secondary Examination or obtained Graduate Degree from the schools or colleges in the State of Madhya Pradesh. He vehemently argued that it is well settled that Article 14 of the Constitution of India permits reasonable classification of persons and that the classification of persons who had passed Higher Secondary Examination or obtained Graduate Degree in Madhya Pradesh was a reasonable classification and, therefore, the circular dated 2-12-1997 of the Government and the condition No. 4 in the advertisement issued by the PSC were not violative of the equality provisions of Article 14 of the Constitution of India.
4. The reasons for the circular dated 2-12-1997 of the State Government restricting the candidature for the M.P. Civil Services Examination to persons who have passed Higher Secondary Examination or have obtained Graduate Degree from the schools or colleges in the State of M.P., have been given in Para 7.2 of the return of the State of M.P. filed in O.A. No. 1580/1998 before the Tribunal. The said Para 7.2 of the return of the State of M.P. is quoted herein below:–
The contents of the applicant that children of Hon’ble Judges, Central Government Officers and other officers of All India Services will be denied opportunity in the matter of public employment is totally meritless. It is submitted that a reasonable classification is nonetheless pervasive and necessary characteristics of our Constitution. State is permitted to protect the interest of minorities, socially and educationally backward classes, SC & ST. It may make law prescribing, in regard to a class or classes, employment or appointment to an office under the Government of, or any Union Territory, any requirement as to residence within that State of Union Territory prior to such employment or appointment. The State is also not prevented from making any provision for the reservations of appointments on posts in favour of any backward classes of citizens which in the opinion of the State is not adequately represented in the services of the State. It is further submitted that since it is permissible under the constitution under “reasonable classification” and the nexus and object of such classification should not be contrary to the condition imposed vide impugned circular dated 2-12-97 is just and essential. The object behind the same is to ensure in the candidate the knowledge of Geography, History and Culture of the State of M.P. which is an essential element in governance of particular place, Thus to achieve this object classification is made between those candidates who are educated in the State of M.P. and thus from outside. This condition, it is submitted, is neither discriminatory nor does it violates mandate of Articles 14 and 16 of the Constitution. It, on the contrary, affords all such students whether residents of M.P. and outside to participate and compete. It is submitted that Article 16(2) prohibits discrimination on the ground “only” of residence. The word ‘only’ means that the sole ground should not be residence. The applicants are trying to impress that those who studies in the State of M.P. would become the residents of M.P. but this presumption of the applicant is far from real. It is submitted that there are many outsider who had opted to study in the State of M.P. and they become eligible to appear in the selection, thus they are not discriminated on the grounds of residents. The contention of the applicant that the classification is not based on intelligible differentia and have no rational nexus with the object sought is devoid of merit and substance.
5. It will be clear from the aforesaid Para 7.2 of the return of the State of Madhya Pradesh filed before the Tribunal quoted above that the Circular dated 2-12-1997 was issued by the Government with a view to protect the interest of minorities, socially and educationally backward classes, SC and ST. It will further be clear from the aforesaid reasons contained in Para 7.2 of the return filed by the State of M.P. quoted above that the candidates for State Civil Services Examination were required to have knowledge of geography, history and culture of the State of Madhya Pradesh, which was an essential element in governance in the State of Madhya Pradesh and, therefore, a classification was sought to be of candidates who had passed Higher Secondary Examination or obtained Graduate Degree from the schools or colleges in the State of Madhya Pradesh with a view to only allow such candidates to take the State Civil Services Examination.
6. Mr. Awasthy is right in his submission that Article 14 of the Constitution of India permits reasonable classification of persons. But it is also well settled that any such reasonable classification must be based on an intelligible differentia which differentiates the persons who are included from the persons who are excluded from the class and such differentia must have a reasonable nexus with the object sought to be achieved. In the instant case, the differentia adopted for classifying the persons is passing Higher Secondary Examination or obtaining Graduate Degree from schools/colleges in the State of Madhya Pradesh. The object of any State Civil Services Examination is to recruit the best possible candidates for the State Civil Services. We fail to see as to how the aforesaid differentia has reasonable nexus with this object sought to be achieved by any State Civil Services Examination. It is not necessary that those who have passed Higher Secondary Examination or obtained Graduate Degree from schools or colleges in the State of M.P. would be more meritorious than those who have passed Higher Secondary Examination or obtained Graduate Degree from the schools or colleges outside the State of M.P. Similarly, it is not necessary that only those who have passed Higher Secondary Examination or obtained Graduate Degree from schools or colleges in the State of M.P., will have better knowledge of geography, history and culture of the State of M.P. Even those who have passed Higher Secondary Examination or obtained Graduate Degree from the schools or colleges outside the State of M.P., may have good knowledge of geography, history and culture of the State of M.P. As has been held by the Tribunal in Para 10 of the impugned order, restricting the competition to only those candidates who have passed their Higher Secondary or Graduate Degree examinations from institutions in Madhya Pradesh, is not in the larger public interest. As has been pointed out by the Tribunal many bright students go outside the State to study in good institutions and denying the opportunity of employment to them within Madhya Pradesh has the effect of penalising merit and encouraging mediocrity which is certainly not in the interest of the State. Thus, although there is a differentia adopted for classifying persons by the Circular dated 2-12-1997 and the condition No. 4 in the advertisement issued by the PSC, such differentia has no rational nexus with the object sought to be achieved. The classification adopted by the circular dated 2-12-1997 and condition No. 4 in the advertisement issued by the PSC is thus not a reasonable classification and, as has been held by the Tribunal, the said circular dated 2-12-1997 and condition No. 4 in the advertisement issued by the PSC deny the equality of opportunity in matters relating to public employment in the State of Madhya Pradesh and are thus in contravention of Articles 14 and 16 of the Constitution of India.
7. Regarding protection of interest of minorities, socially and educationally backward classes, and SC/ST communities, we also fail to appreciate as to how the circular dated 2-12-1997 of the State Government and condition No. 4 in the advertisement issued by the PSC any way benefits the minorities, socially and educationally backward classes and SC/ST communities. The said circular dated 2-12-1997 of the State Government and the condition No. 4 in the advertisement issued by the PSC equally apply to candidates belonging to minorities, socially and educationally backward classes and SC/ST communities, as they do not make any exception that candidates belonging to the aforesaid communities would be entitled to take the State Civil Services Examination even though they have not passed Higher Secondary Examination or obtained Graduate Degree from the schools or colleges in the State of M.P. The classification adopted by the circular dated 2-12-1997 of the State Government and condition No. 4 in the advertisement issued by the PSC has no nexus as such to minority or backward status of the candidates. In any case, the interest of socially and educationally backward classes and SC/ST communities could be protected under Article 16(4) of the Constitution of India by making reservations of posts in favour of candidates belonging to the said communities.
8. For the aforesaid reasons, we do not find any merit in this petition and we accordingly dismiss this petition.