Madhya Pradesh High Court
Amrat Lal Rathore vs The State Of Madhya Pradesh on 20 December, 2022
Author: Subodh Abhyankar
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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 20 th OF DECEMBER, 2022
WRIT PETITION No. 28396 of 2022
BETWEEN:-
1. AMRAT LAL RATHORE S/O RAJMAL, AGED
ABOUT 30 YEARS, OCCUPATION: CONSTABLE GD
24TH, BN SAF JAORA RATLAM (MADHYA
PRADESH)
2. HARIOM RATHORE S/O RAMESH CHANDRA,
AGED ABOUT 29 YEARS, OCCUPATION:
CONSTABLE GD ROLL NO. 740371 POSTED
PRESENT AT 24TH BN SAF JAORA RATLAM
(MADHYA PRADESH)
3. RAKESH BAIRAGI S/O GOKUL DAS, AGED ABOUT
29 YEARS, OCCUPATION: CONSTABLE GD ROLL
NO. 841063 POSTED PRESENT AT 32ND BN SAF
UJJAIN (MADHYA PRADESH)
4. LAVKESH INVATI S/O PARSADILAL INVATI, AGED
ABOUT 30 YEARS, OCCUPATION: CONSTABLE GD
ROLL NO. 185725 POSTED PRESENT 14TH BN SAF
INDORE (MADHYA PRADESH)
5. POORAN SINGH RAWAT S/O DEV RAM, AGED
ABOUT 32 YEARS, OCCUPATION: CONSTABLE GD
ROLL NO. 821499 POSTED PRESENT AT 14TH BN
SAF INDORE (MADHYA PRADESH)
6. VINOD JATAV S/O VIJAY SINGH, AGED ABOUT 33
YEARS, OCCUPATION: CONSTABLE GD ROLL NO.
640885 POSTED PRESENT AT 18TH BN SAF INDORE
(MADHYA PRADESH)
7. ABHAY KUMAR S/O CHHOTE LAL, AGED ABOUT
29 YEARS, OCCUPATION: CONSTABLE GD ROLL
NO. 21260245 POSTED PRESENT AT 29TH BN SAF
INDORE (MADHYA PRADESH)
8. RAKESH KUMAR PATEL S/O MUNNALAL PATEL,
AGED ABOUT 26 YEARS, OCCUPATION:
CONSTABLE GD ROLL NO. 24270561 POSTED
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 20-12-2022
18:27:19
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PRESENT AT 32ND BN SAF UJJAIN (MADHYA
PRADESH)
9. MAHENDRA PARMAR S/O TEJRAM, AGED ABOUT
25 YEARS, OCCUPATION: CONSTABLE GD ROLL
NO. 20991454 POSTED PRESENT AT 32ND BN SAF
UJJAIN ROLL NO. 591550 (MADHYA PRADESH)
10. AMIT GOSWAMI S/O SATYANARAYAN GOSWAMI,
AGED ABOUT 27 YEARS, OCCUPATION:
CONSTABLE GD POSTED PRESENT AT 15TH BN
SAF INDORE (MADHYA PRADESH)
11. RAJENDRA PATIL S/O RAMKRUSHNA PATIL,
AGED ABOUT 30 YEARS, OCCUPATION:
CONSTABLE GD ROLL NO. 21012798 POSTED
PRESENT AT 32ND BN SAF UJJAIN (MADHYA
PRADESH)
12. BADAM SINGH GURJAR S/O MAHARBAN SINGH
GURJAR, AGED ABOUT 30 YEARS, OCCUPATION:
CONSTABLE DRIVER ROLL NO. 20606953 POSTED
PRESENT AT 14TH BN SAF INDORE (MADHYA
PRADESH)
13. RAVINDRA GURJAR S/O JAGDEESH, AGED ABOUT
32 YEARS, OCCUPATION: CONSTABLE DRIVER
ROLL NO. 20804747 POSTED PRESENT AT 17TH BN
SAF INDORE (MADHYA PRADESH)
14. RAJ PAL S/O SEWAK SINGH, AGED ABOUT 30
YEARS, OCCUPATION: CONSTABLE GD ROLL NO.
20672092 POSTED PRESENT AT 17TH BN SAF
INDORE (MADHYA PRADESH)
15. KARAN LAHORIYA S/O PANNLAL, AGED ABOUT 27
YE A R S , OCCUPATION: CONSTABLE SWEEPER
ROLL NO. 21098199 POSTED PRESENT AT 15TH BN
SAF INDORE (MADHYA PRADESH)
.....PETITIONER
(SHRI MOHAMMED IMRAN KHAN, LEARNED COUNSEL FOR THE
PETITIONER.)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE PRINCIPAL SECRETARY MANTRALAYA,
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 20-12-2022
18:27:19
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2. DIRECTOR GENERAL OF POLICE POLICE
H E A D Q U A R T E R S JAHANGIRABAD BHOPAL
(MADHYA PRADESH)
3. ADDITIONAL DIRECTOR GENERAL OF POLICE
S E L E C T I O N POLICE HEADQUARTERS
JAHANGIRABAD BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
( SHRI A. S. PARIHAR LEARNED COUNSEL FOR THE RESPONDENT/
STATE.)
T h is petition coming on for orders this day, t h e cou rt passed the
following:
ORDER
They are heard.
Learned counsel for the petitioners submits that a representation of
the subject matter of this petition is pending before the respondents No.1 to
3. Counsel has also drawn attention of this Court to 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.
Under the circumstances, the petition is disposed of with a request to
the respondents No.2 and 3 to consider the representation of the petitioners
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 Supreme
Court in Ritesh R. Sah vs. Dr. Y.L. Yamul and others (1996) 3 SCC 253.
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 20-12-2022
18:27:19
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 of.
The Court makes it clear that it has not passed any observations of
the merit of the case and the said representations be decided strictly in
accordance with law uninfluenced by the observations of this Court.
Certified copy, as per rules.
(SUBODH ABHYANKAR)
JUDGE
ajit
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 20-12-2022
18:27:19
