Beeru Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 16734 MP

                                                        1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                           ON THE 16 th OF DECEMBER, 2022
                                           WRIT PETITION No. 23478 of 2022

                           BETWEEN:-
                           1.    BEERU SINGH S/O PHOOLCHAND SINGH, AGED
                                 ABOUT 28 YEARS, OCCUPATION: CONSTABLE GD
                                 9TH BN SAF REWA (TRADE COOK) ROLL NO.
                                 21329863 REWA MP (MADHYA PRADESH)

                           2.    VIKRAM SINGH AMBODIYA S/O BADRIL
                                 AMBODIYA,   AGED      ABOUT    35   YEARS,
                                 OCCUPATION: CONSTABLE GD 10TH BN SAF
                                 SAGAR ROLL NO. 24172009 (MADHYA PRADESH)

                           3.    KARAN NARVARE S/O FAKIR NARVARE, AGED
                                 ABOUT 26 YEARS, OCCUPATION: CONSTABLE GD
                                 10TH BN SAF SAGAR ROLL NO. 23935582 (MADHYA
                                 PRADESH)

                           4.    RUPENDRA SINGH NARWARIYA S/O VIRENDRA
                                 NARWARIYA,   AGED   ABOUT    27   YEARS,
                                 OCCUPATION: CONSTABLE GD 9TH BN SAF
                                 (CONSTABLE DRIVER) REWA ROLL NO. 24063312
                                 (MADHYA PRADESH)

                           5.    RAVISHANKAR      MASKARE S/O SATUGHAN
                                 MASKARE,      AGED    ABOUT    28  YEARS,
                                 OCCUPATION: CONSTABLE GD 10 BN SAF SAGAR
                                 ROLL NO. 23877665 (MADHYA PRADESH)

                           6.    JAYENDRA RAWAT S/O PRATAP SINGH, AGED
                                 ABOUT 30 YEARS, OCCUPATION: CONSTABLE GD
                                 25TH BN SAF BHOPAL ROLL NO. 20549955
                                 (MADHYA PRADESH)

                           7.    JITENDRA KUMAR S/O KRAPAL SINGH, AGED
                                 ABOUT 28 YEARS, OCCUPATION: CONSTABLE
                                 DRIVER 36TH BN SAF BALAGHAT ROLL NO.
                                 23961798 (MADHYA PRADESH)

                                                                               .....PETITIONERS
                           (BY SHRI P.K.S.SENGAR, ADVOCATE )
Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 12/19/2022
11:25:09 AM
                                                                2
                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 THE PRINCIPAL SECRETARY MANTRALAYA
                                 VALLABH   BHAWAN,  BHOPAL   (MADHYA
                                 PRADESH)

                           2.    THE DIRECTOR GENERAL OF POLICE, POLICE
                                 HEAD    QUARTER JAHANGIRABAD, BHOPAL
                                 (MADHYA PRADESH)

                           3.    THE ADDITIONAL DIRECTOR GENERAL OF
                                 POLICE   (SELECTION) P.H.Q. JAHANGIRABAD,
                                 BHOPAL (MADHYA PRADESH)

                                                                                           .....RESPONDENTS
                           (BY SHRI PRADEEP SINGH, GOVT. ADVOCATE )

                                 This petition coming on for admission this day, th e court passed the

                           following:
                                                                ORDER

Learned counsel for the petitioners submits that a representation of the subject matter of this petition is pending before the respondents No.1, 2 and

3.He has also drawn attention of this Court to Annexure-P/3 at page No.19 which is the order passed by the Supreme Court in Civil Appeal No.7663/2021 (Praveen Kumar Kurmi vs. The State of Madhya Pradesh and Others) where, the Supreme Court, in a case of similarly situated candidates had preferred an appeal before the Supreme Court which held that a person from the reserved category, though falling within the eligibility of the general seat on account of his high merit, should not be placed to a disadvantageous position as regard the service and post viz-a-viz a candidate, who may be placed below him.

Shri Swapnil Ganguly, learned Dy. Advocate General while taking this Court to paragraph- 4 of the writ petition submits that the cause suffers from delay and laches inasmuch as, after decision in Civil Appeal No.7663/2021 (Praveen Kumar Kurmi vs. The State of M.P. and Ors.) , the petitioners have Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 12/19/2022 11:25:09 AM

filed this petition, therefore, there is a futile attempt by the petitioners to revive a stale claim.

Under the circumstances, the petition is disposed of with a direction to the respondents No. 2 and 3 to consider the representation of the petitioners as well as objection raised by the respondents, within a period of 60 days in light of the judgment of the Supreme Court in Civil Appeal No.7663/2021 and also in light of the judgment of the Supreme Court in Ritesh R. Sah vs. Dr. Y.L. Yamul and Others (1996) 3 SCC 253 . If the case of the petitioners is similar to the case of the appellants in Civil Appeal No.7663/2021, then similar benefits be extended to the petitioners herein.

With the aforesaid, the petition is finally disposed off. The Court makes it clear that it has not passed any observations on the merits of the case and the said representation be decided strictly in accordance with law uninfluenced by the observations of this Court.

Certified copy as per rules.

(MANINDER S. BHATTI) JUDGE PG

Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 12/19/2022 11:25:09 AM