The commission stated, “It is humbly submitted that the record of sanctioned strength/total posts is maintained by concerned departments and on the basis of records, every department calculates the number of employees working and posts vacant in as per prevailing act and circulars of General Administration department.”.
In the petition, a tabular representation depicting percentage of reservation for various categories- 34.32% for Other backward category, 17,86% for scheduled tribe, 13.83 for scheduled caste were provided in SSE-2019 advertisement. The section 4 of The Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anususchit Janjatiyon aur Anya. Pichhade Vargon ke Liye Aarakshan) Act, 1994 however prescribed for 27% or 14% reservation for OBC, 20% for ST and 16% for SC, submitted petitioner. The commission has denied this allegation of violation stating that the petitioner has calculated posts based on advertisement while concerned departments calculate vacancies on the basis of sanctioned strength.
On a question of circular dated September 29, 2022 which stated for dividing posts into two parts- main comprising 87% and provisional for 13% of OBC, the commission submitted that it had been challenged before principal bench, Jabalpur, which upheld it in larger public interest. The commission demanded to dismiss the PIL in its reply. The commission advertised 571 posts under SSE-2019 on November 14, 2019.