Ujjawal Bajpai vs The State Of Madhya Pradesh
2022 Latest Caselaw 2964 MP

     HIGH COURT OF MADHYA PRADESH : JABALPUR

                     BEFORE
       HON'BLE SHRI JUSTICE VIVEK AGARWAL

               ON THE 3rd OF MARCH, 2022

             WRIT PETITION NO.4788 OF 2022

Between :-

UJJAL BAJPAI, S/O SHRI RAMAKANT
BAJPAI, AGED ABOUT 30 YEARS, BY
OCCUPATION -SERVICE, R/O HOUSE
NO.1440, LALKUAN HANUMANTAL,
JABALPUR (M.P.)
                           ........PETITIONER

       (BY SHRI VIVEK AGRAWAL, ADVOCATE)

       AND

1.     THE STATE OF MADHYA PRADESH,
       ITS PRINCIPAL SECRETARY, GENERAL
       ADMINISTRATION DEPARTMENT,
       VALLABH BHAWAN, BHOPAL (MADHYA
       PRADESH)

2.      MADHYA PRADESH PUBLIC SERVICE
        COMMISSION, RESIDENCY AREA, INDORE,
        (M.P.) THROUGH ITS EXAMINATION
        CONTROLLER.

        (BY SHRI AMIT MISHRA, PANEL LAWYER &
        SHRI PARAG TIWARI, ADVOCATE FOR
        RESPONDENT NO.2)

WRIT PETITION NO.3693 OF 2022

Between :-

1. SHUBHANGI GANDRADE, D/O SHRI MANAK CHAND, AGED ABOUT 22 YEARS, CCUPATION

-STUDENT, R/O AT PRESENT P.N.T. COLONY, DHANWANTARI NAGAR, JABALPUR DISTT. JABALPUR (M.P.)

2. NEHA PATIDAR, D/O SHRI SUNDARLAL PATIDAR, AGED ABOUT 30 YEARS, OCCUPATION-STUDENT, R/O WARD NO.3, MANDSAUR, AT PRESENT 5 CIVIL LINE, SAGAR, DISTT. SAGAR (M.P.)

3. PRITHVI VAISHNAV, S/O SHRI DHARMENDRA VAISHNAV, AGED ABOUT 24 YEARS, OCCUPATION -STUDENT, R/O ANAND NAGAR, GWALI PALASIYA, MHOW, AT PRESENT R/O MADAN MAHAL, JABALPUR (MADHYA PRADESH)

4. SUMIT SHARMA, S/O SHRI RAJESH SHARMA, AGED ABOUT 26 YEARS, R/O JAGANNATH COLONY, MORENA AT PRESENT R/O AYODHYA NAGAR, BHOPAL (MADHYA PRADESH)

........PETITIONERS

(BY SHRI RAMESHWAR SINGH THAKUR, ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH, THROUGH PRINCIPAL SECRETARY, GENERAL ADMINISTRATION DEPARTMENT, VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. MADHYA PRADESH PUBLIC SERVICE COMMISSION, RESIDENCY AREA, INDORE, (M.P.)THROUGH ITS EXAMINATION CONTROLLER.

(BY SHRI AMIT MISHRA, PANEL LAWYER & SHRI PARAG TIWARI, ADVOCATE FOR RESPONDENT NO.2)

WRIT PETITION No. 4411 of 2022 Between:-

NEHA SHARMA D/O KRISHNA GOPAL SHARMA , AGED ABOUT 31 YEARS, OCCUPATION:

1. SERVICE, R/O 101, PRANNATH WARD NO.6, PANNA (MADHYA PRADESH)

NARENDRA VERMA S/O SHRI RAMCHANDRA VERMA , AGED ABOUT 33 YEARS, OCCUPATION: STUDENT R/O 108 BEHIND INTAK OFFICE GIRD

2. GWALIOR AT PRESENT RESIDENT OF HAMIDIYA BHOPAL (MADHYA PRADESH)

BUSHRA REHMAN QUADRI W/O SHRI PARVAZ QUAZI , AGED ABOUT 41 YEARS, OCCUPATION:

3. HOUSEWIFE R/O GALLA BAZAR GANDHI WARD NO. 4 SIHORA JABALPUR (MADHYA PRADESH)

SACHIN GOSWAMI S/O SHRI R.K GOSWAMI , AGED ABOUT 30 YEARS, OCCUPATION:

4. STUDENT R/O NEAR MANDI THANA SIHOR DISTRICT (MADHYA PRADESH)

GIJNESH BAMNYA S/O SHRI ABHAY SINGH , AGED ABOUT 30 YEARS, OCCUPATION:

5. STUDENT AT PRESENT RESIDENT OF ADHARTAL JABALPUR (MADHYA PRADESH)

GEETESH PATLE S/O SHRI KOPHOO LAL PATLE , AGED ABOUT 40 YEARS, OCCUPATION:

6. SELF EMPLOYEE R/O WARD NO. 32 BALAGHAT (MADHYA PRADESH)

DEEPAK DHANGAR S/O SHRI N.R DHANGAR , AGED ABOUT 24 YEARS, OCCUPATION:

7. STUDENT AT PRESENT R/o D.D NAGAR BHOPAL (MADHYA PRADESH)

SEEMA RAI D/O SHRI MOTILAL RAI, AGED ABOUT 33 YEARS, OCCUPATION: STUDENT R/O

8. 98 MALVINAGAR BHOPAL (MADHYA PRADESH)

ARUN PRATAP SINGH S/O SHRI R.S RAJPUT , AGED ABOUT 27 YEARS, OCCUPATION:

9. STUDENT R/O DEVENDRA NAGAR PANNA, DISTT. PANNA (MADHYA PRADESH)

ADITYARAJ YADAV S/O SHRI J.P YADAV , AGED ABOUT 27 YEARS, OCCUPATION: STDUENT AT

10. PRESENT RESIDENT OF YADAV COLONY JABALPUR (MADHYA PRADESH)

LOKENDRA NARGANWA S/O SHRI SANTOSH , AGED ABOUT 30 YEARS, OCCUPATION:

11. STUDENT AT PRESENT RESIDENT OF MADAN MAHAL JABALPUR (MADHYA PRADESH)

SANDEEP DHANGAR S/O SHRI J.P DHANGAR , AGED ABOUT 25 YEARS, OCCUPATION:

12. STUDENT AT PRESENT R/O VIJAY NAGAR JABALPUR (MADHYA PRADESH)

ANHIMA DUBEY S/O NOT KNOWN, AGED ABOUT 29 YEARS, OCCUPATION: STUDENT R/O VIJAY

13. NAGAR JABALPUR (MADHYA PRADESH)

PRAVEEN SHUKLA S/O SHRI R.S SHUKLA , AGED ABOUT 31 YEARS, OCCUPATION: STUDENT 89-B

14. BAI COLONY DEENDAYAL CHOUK JABALPUR (MADHYA PRADESH)

SUNIT SINGH THAKUR S/O SHRI LAKHAN SINGH THAKUR, AGED ABOUT 26 YEARS,

15. OCCUPATION: STUDENT R/O PANAGAR JABALPUR (MADHYA PRADESH)

.....PETITIONER (BY SHRI RAMESHWAR SINGH THAKUR, ADVOCATE)

AND

THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY GENERAL

1. ADMINISTRATION DEPT VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

PUBLIC SERVICE COMMISSION, INDORE THROUGH EXMINATION CONTROLLER

2. RESIDENCY AREA INDORE (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI AMIT MISHRA, PANEL LAWYER & SHRI PARAG TIWARI, ADVOCATE FOR RESPONDENT NO.2)

WRIT PETITION No. 4496 of 2022 Between:-

SONAL ANAND D/O SHRI, PRADEEP AHIRWAR , AGED ABOUT 28 YEARS, OCCUPATION: STUDENT

1. R/O 299 CRASTALIDEAL CITY BHOPAL M.P (MADHYA PRADESH)

SAURABH SINGH S/O SHRI D.P. SINGH , AGED ABOUT 32 YEARS, OCCUPATION: STUDENT R/O RUCHI LIFESCAPE HOSHANGABAD ROAD

2. JAATKHEDI HUZUR BHOPAL M.P. (MADHYA PRADESH)

AMULYA SINOTIYA S/O SHRI FADDEE , AGED ABOUT 30 YEARS, OCCUPATION: STUDENT R/O H.NO. 52, RANIPUR BAJRANG MANDIR KUHI

3. GHORADONGRI DISTRICT BETUL (MADHYA PRADESH)

RAJESH KUMAR AHIRWAR S/O SHRI MUNNA LAL AHIRWAR , AGED ABOUT 29 YEARS, OCCUPATION: STUDENT R/O BUDHVIHAR

4. COLONY MANDI ROARD TIKAMGARH M.P. (MADHYA PRADESH)

AMIT KUMAR MISHRA S/O SHRI PRADEEP KUMAR MISHRA , AGED ABOUT 27 YEARS, OCCUPATION: STUDENT R/O VILLAGE GALBAL

5. POST BAMHAURI TAHSIL BIRSINGHPUR DISTRICT SATNA M.P. (MADHYA PRADESH)

SHOBHIT UPADHYAY S/O SHRI RAJESH UPADHYAY, AGED ABOUT 26 YEARS, OCCUPATION: STUDENT R/O 545/2 BEHIND

6. HOTEL MAYUR MALVI CHOUK JABALPUR M.P. (MADHYA PRADESH)

CHANDNI RAJPOOT D/O SANJEEV RAJPOOT , AGED ABOUT 29 YEARS, OCCUPATION: STUDENT

7. R/O DABRA AT PRESENT RESIDENT OF D.D. NAGAR BHOPAL M.P. (MADHYA PRADESH)

VIJAY KUMAR NAGPURE S/O SHRI K.L. NAGPURE , AGED ABOUT 38 YEARS, OCCUPATION: SERVICE R/O DUTTA BUNGLOW

8. NO. 13 MANDLA ROAD TILAHARI JABALPUR M.P. (MADHYA PRADESH)

NARAN SINGH MUWEL S/O SHRI SUKH LAL , AGED ABOUT 38 YEARS, OCCUPATION: SELF EMPLOYEE R/O MAHENDRA NAGAR UJJAIN AT

9. PRESENT HATI TAL JABALPUR M.P. (MADHYA PRADESH)

.....PETITIONERS

(BY SHRI RAMESHWAR SINGH THAKUR, ADVOCATE) AND

THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY GENERAL

1. ADMINISTRATION DEPARTMENT VALLABH BHAWAN BHOPAL M.P. (MADHYA PRADESH)

MADHYA PRADESH PUBLIC SERVICE COMMISSION THROUGH ITS EXAMINATION

2. CONTROLLER RESIDENCY AREA, INDORE (M.P.) (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI AMIT MISHRA, PANEL LAWYER & SHRI PARAG TIWARI, ADVOCATE FOR RESPONDENT NO.2)

WRIT PETITION No. 4594 of 2022

Between:-

TARANNUM NISHA D/O SHRI NISAR MOHAMMAD, AGED ABOUT 24 YEARS, OCCUPATION: STUDENT NEAR POLICE DEVENDRA NAGAR DISTRICT PANNA (MADHYA PRADESH)

.....PETITIONER

(BY SHRI LALJI KUSHWAHA, ADVOCATE)

AND

THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY GENERAL

1. ADMINISTRATIVE DEPARTMENT VALLABH BHAWAN (MADHYA PRADESH)

MADHYA PRADESH PUBLIC SERVICE COMMISSION THROUGH ITS EXAMINATION

2. CONTROLLER RESIDENCY AREA, INDORE (M.P.) (MADHYA PRADESH)

.....RESPONDENTS

BY SHRI AMIT MISHRA, PANEL LAWYER & SHRI PARAG TIWARI, ADVOCATE FOR RESPONDENT NO.2)

WRIT PETITION No. 4607 of 2022 Between:-

RISHIKANT DWIVEDI (HIS NAME IS DELETED

1. AS PER ORDER DATED 24/02/2022)

VIVEK KUMAR TIWARI S/O SURENDRANATH TIWARI, AGED ABOUT 29 YEARS, OCCUPATION: PSC ROLL NO. 321295 R/O H.NO. 14 PREM

2. NAGAR COLONY CHOLA ROAD BHOPAL (MADHYA PRADESH)

LAKHAN SINGH DHAKAD (HIS NAME IS DELETED AS PER ORDER DATED

3. 24/02/2022)

PANKAJ DHAKAR (HIS NAME IS DELETED AS

4. PER ORDER DATED 24/02/2022)

RAVISH KUMAR PATHEKR S/O SHRI NANDKISHORE PATHEKAR, AGED ABOUT 30 YEARS, OCCUPATION: PSC ROLL NO.311878 R/O

5. JR. HIG-41 C SECTOR AYODHYA NAGAR BHOPAL (MADHYA PRADESH)

VISHAL SANIYAR (HIS NAME IS DELETED AS

6. PER ORDER DATED 24/02/2022)

MAHENDRA JAMRE (HIS NAME IS DELETED AS

7. PER ORDER DATED 24/02/2022)

AMAN CHOUBEY S/O RAMPRAKASH CHOUBEY, AGED ABOUT 24 YEARS, OCCUPATION: PSC

8. ROLL NO. 398115 R/O VILLAGE HILGAN DISTRICT SAGAR (MADHYA PRADESH)

ANIRUDDHA MEENA (HIS NAME IS DELETED

9. AS PER ORDER DATED 24/02/2022)

ANKIT S/O RADHESHYAM , AGED ABOUT 25 YEARS, OCCUPATION: PSC ROLL NO. 284560 R/O WARD NO. 3 BALHAPUR TEHSIL

10. LALBURRA DISTRICT BALAGHAT (MADHYA PRADESH)

ANKITA CHOUCHAN (HER NAME IS DELETED

11. AS PER ORDER DATED 24/02/2022)

ANU CHOUKSEY D/O RAMKISHOR CHOUKSEY , AGED ABOUT 27 YEARS, OCCUPATION: PSC ROLL NO. 104128 R/O VILLAGE SHAJPURI

12. LAKHNADON DISTRICT SEONI (MADHYA PRADESH)

ANURATH MEENA (HIS NAME IS DELETED AS

13. PER ORDER DATED 24/02/2022)

ASHUTOSH DEV PANDEY S/O VINODDEV PANDEY, AGED ABOUT 26 YEARS,

14. NEAR HIGHER SECONDARY SCHOOL KARAILA DISTRICT SINGRAULI (MADHYA PRADESH)

ASHUTOSH SINGH S/O VIRENDRA SINGH , AGED ABOUT 25 YEARS, OCCUPATION: PSC

15. ROLL NO. 122446 R/O VILLAGE NEWA BLOCK JAWA DISTRICT REWA (MADHYA PRADESH)

BRIJESH SINGH SIKARWAR (HIS NAME IS

16. DELETED AS PER ORDER DATED 24/02/2022)

DHARMENDRA KOUSHAL (HIS NAME IS

17. DELETED AS PER ORDER DATED 24/02/2022)

HARSH DIXIT (HIS NAME IS DELETED AS PER

18. ORDER DATED 24/02/2022)

HARSHIT TIWARI S/O SHRI JAGANNATH TIWARI , AGED ABOUT 24 YEARS, OCCUPATION: PSC ROLL NO. 110327 R/O WARD

19. NO. 14 SIYARPATH ROAD BALAGHAT (MADHYA PRADESH)

HEMANT SHARMA (HIS NAME IS DELETED AS

20. PER ORDER DATED 24/02/2022)

HIMANSHU GUPTA S/O SHRI RAMGOPAL SHARMA , AGED ABOUT 34 YEARS, OCCUPATION: PSC ROLL NO. 431585 R/O

21. SHAHPURA DISTRICT DINDORI (MADHYA PRADESH)

JASVENDRA TEKAM S/O SHRI SUKHAL SINGH TEKAM , AGED ABOUT 34 YEARS, OCCUPATION: PSC ROLL NO. 313026 R/O

22. VILLAGE INDRI POST BHIMDONGRI TEHSIL BICHIYA DISTRICT MANDLA (MADHYA PRADESH)

KULDEEP RAWAT (HIS NAME IS DELETED AS

23. PER ORDER DATED 24/02/2022)

MANOJ KUMAR CHOUDHARY S/O SHRI JATHUA PRASAD CHOUDHARY , AGED ABOUT 27 YEARS, OCCUPATION: PSC ROLL NO. 147966

24. R/O JAGMOHANDAS WARD SARASWATI SCHOOL ROAD NAI BASTI KATNI (MADHYA PRADESH)

MANSI (HER NAME IS DELETED AS PER ORDER

25. DATED 24/02/2022)

MUSKAN GUPTA (HIS NAME IS DELETED AS

26. PER ORDER DATED 24/02/2022)

NAVIN DODKE D/O SHRI NARHARI DODKE , AGED ABOUT 27 YEARS, OCCUPATION: PSC ROLL NO. 208457 R/O POST MAU TEHSIL

27. MOHKHED DISTRICT CHHINDWARA (MADHYA PRADESH)

PAWAN KUMAR SINGH S/O SHRI SANTOSH KUMAR SINGH , AGED ABOUT 24 YEARS, OCCUPATION: PSC ROLL NO. 105083 R/O

28. WAIDHAN DISTRICT SINGRAULI (MADHYA PRADESH)

PRAMOD RAI S/O SHRI BALDEV PRASAD RAI , AGED ABOUT 33 YEARS, OCCUPATION: PSC

29. ROLL NO. 239478 R/O NEAR KHADI ASHRAM MAU ROAD TIKAMGARH (MADHYA PRADESH)

PRATEEK SINGH S/O SHRI S.P SINGH BAGHLE , AGED ABOUT 37 YEARS, OCCUPATION: PSC ROLL NO. 364391 R/O SEVA KUTIR NEAR

30. POLICE WELFARE PETROL PUMP DISTRICT REWA (MADHYA PRADESH)

PUNYA PRATAP SINGH PALLAV S/O SHRI ROOP SINGH , AGED ABOUT 26 YEARS, OCCUPATION:

31. PSC ROLL NO. 271245 R/O VILLAGE KOT POST TAI PANNA DISTRICT (MADHYA PRADESH)

PURTI SINGH (HER NAME IS DELETED AS PER

32. ORDER DATED 24/02/2022)

RAJAT KUMAR DWIVEDI S/O SHRI ROOPESH KUMAR DWIVEDI , AGED ABOUT 27 YEARS, OCCUPATION: PSC ROLL NO. 366909 R/O

33. VILLAGE AND POST HARDI TEHSIL GUDH DISTRICT REWA (MADHYA PRADESH)

RISHABH KUSHWAH (HIS NAME IS DELETED

34. AS PER ORDER DATED 24/02/2022)

RITU SHARMA S/O SHRI GANESH PRASAD SHARMA, AGED ABOUT 26 YEARS, OCCUPATION: PSC ROLL NO. 117058 R/O

35. PRATAP NAGAR RASULIYA HOSHANGBAD (MADHYA PRADESH)

ROSHAN SINGH DANGI S/O SHRI SHOBHARAM DANGI , AGED ABOUT 25 YEARS, OCCUPATION: PSC ROLL NO. 180166 R/O VILLAGE AND POST

36.

TEHARKA TEHSIL NIWADI DISTRICTTIKAMGARH (MADHYA PRADESH)

SAKSHI SINGH (HER NAME IS DELETED AS PER

37. ORDER DATED 24/02/2022)

SATYAM KUMAR MISHRA S/O SHRI PRAKASH KUMAR MISHRA , AGED ABOUT 29 YEARS,

38. DEEN DAYAL PURAM UTAILY SATNA (MADHYA PRADESH)

SHIVAM MALVIYA S/O SHRI GULABRAO MALVIYA , AGED ABOUT 25 YEARS, OCCUPATION: PSC ROLL NO. 291730 R/O NEAR

39. NAGDEV MANDIR KHANJANPUR BETUL (MADHYA PRADESH)

SHIVAM TRIPATHI S/O SHRI OMKAR PRASAD TRIPATHI, AGED ABOUT 25 YEARS, OCCUPATION: PSC ROLL NO. 136418 R/O

40. INDIRA JYOTI COLONY HOUSING BOARD MADHAV NAGAR KATNI (MADHYA PRADESH)

SHYAMU SINGH RAJPUT (HIS NAME IS

41. DELETED AS PER ORDER DATED 24/02/2022)

SWATI JAIN W/O SHRI PRAMO JAIN , AGED ABOUT 25 YEARS, OCCUPATION: PSC ROLL NO.

42. 110478 R/O WARD NO. TENDUKHERA DISTRICT NARSINGPUR (MADHYA PRADESH)

UDIT SINGH RAJPUT S/O SHRI SANTOSH SINGH RAJPUT , AGED ABOUT 24 YEARS, OCCUPATION: PSC ROLL NO. 132380 R/O

43. VILLAGE MAHUAKHEDA DISTRICT SAGAR (MADHYA PRADESH)

VIJAY BANSAL (HIS NAME IS DELETED AS PER

44. ORDER DATED 24/02/2022)

VIVEK SHARMA (HIS NAME IS DELETED AS

45. PER ORDER DATED 24/02/2022)

AASHISH KUMARI W/O SHRI SHIVSHANKAR YADAV , AGED ABOUT 22 YEARS, OCCUPATION:

46. PSC ROLL NO. 194275 R/O VILLAGE PALOTHA DISTRICT CHHATARPUR (MADHYA PRADESH)

AJAY DADORIYA (HIS NAME IS DELETED AS

47. PER ORDER DATED 24/02/2022)

AKASH DEEP SONI (HIS NAME IS DELETED AS

48. PER ORDER DATED 24/02/2022)

AMBRISH PRATAP SINGH S/O SHRI VINOD KUMAR VAISHYA , AGED ABOUT 24 YEARS, OCCUPATION: PSC ROLL NO. 130298 R/O

49. VILLAGE CHINGO DISTRICT SINGRAULI (MADHYA PRADESH)

AMIT PATLE S/O SHRI MANSINGH PATLE , AGED ABOUT 28 YEARS, OCCUPATION: PSC

50. ROLL NO. 314089 R/O WARD NO. 2 BHATERA CHOWKI BALAGHAT (MADHYA PRADESH)

ANAND SHARMA MISHRA S/O SHRI SIYA SHARAN MISHRA , AGED ABOUT 30 YEARS, OCCUPATION: PSC ROLL NO. 360963 R/O WARD

51. NO. 14 TEHSIL SIRMOUR DISTRICT REWA (MADHYA PRADESH)

ANIRUDH MEENA (HIS NAME IS DELETED AS

52. PER ORDER DATED 24/02/2022)

ANJALI PARMAR (HER NAME IS DELETED AS

53. PER ORDER DATED 24/02/2022)

ANJNI BAGHEL D/O RAMADHAR BAGHEL , AGED ABOUT 26 YEARS, OCCUPATION: PSC

54. ROLL NO. 321643 R/O AT POST TH HARRAI DISTIRCT CHHINWARA (MADHYA PRADESH)

ANKIT S/O SHRI RADHESHYA , AGED ABOUT 25 YEARS, OCCUPATION: PSC ROLL NO. 284560 R/O WARD NO. 03 BALHARPUR TEHSIL

55. LALBURRA DISTRICT BALAGHAT (MADHYA PRADESH) 481 441

ARPIT DAMOR (HIS NAME IS DELETED AS PER

56. ORDER DATED 24/02/2022)

ARVENDRA TIWARI S/O SHRI PRADEEP TIWARI , AGED ABOUT 31 YEARS, OCCUPATION: PSC ROLL NO. 389077 R/O VILLAGE BHAJIKHERA

57. POST AMA DISTRICT SATNA (MADHYA PRADESH)

ASHUTOSH KUMAR ANDEY S/O SUSHIL KUMAR PANDEY , AGED ABOUT 29 YEARS, OCCUPATION: PSC ROLL NO. 113373 R/O HOUSE

58. NO. 9/177 SHRAMIK NAGAR KOTMA ANUPPUR (MADHYA PRADESH)

ASHUTOSH PANDEY S/O RAVENDRA PRASAD PANDEY , AGED ABOUT 26 YEARS, OCCUPATION: PSC ROLL NO. 366003 R/O

59. VILLAGE JHALWA POST BHUNGANV THANA JAWA REWA (MADHYA PRADESH)

BHARTI GUJARE S/O BHADDU GUJARE , AGED ABOUT 29 YEARS, OCCUPATION: PSC ROLL NO.

60. 298050 R/O AT KOSMI POST TEMNI TEHSIL BETUL (MADHYA PRADESH)

DEENDAYAL MEENA (HIS NAME IS DELETED

61. AS PER ORDER DATED 24/02/2022)

DEEPANSHU RANGARE S/O DEVENDRA RANGARE , AGED ABOUT 23 YEARS, OCCUPATION: PSC ROLL NO. 289933 R/O WARD

62. NO. 23 CIVIL LINE BALAGHAT (MADHYA PRADESH)

DEVENDRA CHOUHAN (HIS NAME IS DELETED

63. AS PER ORDER DATED 24/02/2022)

DHARMENDRA PATIDAR (HIS NAME IS

64. DELETED AS PER ORDER DATED 24/02/2022)

DHARMENDRA SINGH TOMAR S/O RAM SHANKAR SINGH TOMAR , AGED ABOUT 27 YEARS, OCCUPATION: PSC ROLL NO. 323844

65. R/O 1PWD-44 PANCHSHEEL NAGAR BHOPAL (MADHYA PRADESH)

DIPTI CHOUBEY W/O RAKESH CHOUBEY , AGED ABOUT 29 YEARS, OCCUPATION: PSC ROLL NO. 2102787 R/O PLOT NO. 12 YADAV

66. COLONY RANITAL NIWARD GANJ JABALPUR (MADHYA PRADESH)

GOPAL SINGH CHOUHAN (HIS NAME IS

67. DELETED AS PER ORDER DATED 24/02/2022)

HARIOM THAKUR S/O SHRI PHOOL SINGH THAKUR , AGED ABOUT 29 YEARS, OCCUPATION: PSC ROLL NO. 333353 R/O

68. VILLAGE AND POST CHHUI THANA KANHIWARA DISTRICT SEONI (MADHYA PRADESH)

HARSHIT RAI S/O SHRI UTTAM RAI , AGED ABOUT 24 YEARS, OCCUPATION: PSC ROLL NO. 105326 R/O VILLAGE PUARIYA POST

69. GOTITORIYA TEHSIL GADARWARA DISTRICT NARSINGHPUR (MADHYA PRADESH)

JITENDRA VERMA (HIS NAME IS DELETED AS

70. PER ORDER DATED 24/02/2022)

KALYAN SINGH LODHI (HIS NAME IS DELETED

71. AS PER ORDER DATED 24/02/2022)

KRISHAN KUMAR YADAV (HIS NAME IS

72. DELETED AS PER ORDER DATED 24/02/2022) KULDEEP RAWAT (HIS NAME IS DELETED AS

73. PER ORDER DATED 24/02/2022)

MANDEEP SINGH PARIHAR S/O MADHURAJ SINGH PARIHAR , AGED ABOUT 27 YEARS, OCCUPATION: PSC ROLL NO. 314488 R/O H.NO.

74. GB/H-15 OLD C.I COLONY JAHANGIRBAD BHOPAL (MADHYA PRADESH)

MANEESH KUMAR GAUTAM S/O DHAM SINGH GAUTAM , AGED ABOUT 25 YEARS, OCCUPATION: PSC ROLL NO. 323573 R/O IN

75. FRONT OF GYAN KUNJ GADASARAI BAJAG ROAD DINDORI (MADHYA PRADESH)

MEENA SENGAR (HIS NAME IS DELETED AS

76. PER ORDER DATED 24/02/2022)

MITALI TURKAR S/O UMMED LAL TURKAR , AGED ABOUT 25 YEARS, OCCUPATION: PSC ROLL NO. 282256 R/O WARD NO. 33 SAWAJI

77. CEMENT GALI MOTI NAGAR BALAGHAT (MADHYA PRADESH)

NARENDRA KUMAR PATEL S/O MAKSOODAN PRASAD , AGED ABOUT 35 YEARS, OCCUPATION: PSC ROLL NO. 430136 R/O

78. VILLAGE POST SANSARPUR DISTRICT REWA (MADHYA PRADESH)

NISHA TIWARI (HIS NAME IS DELETED AS PER

79. ORDER DATED 24/02/2022)

POOJA UPADHYAY (HER NAME IS DELETED AS

80. PER ORDER DATED 24/02/2022)

PRAMOD WAHANE S/O N.C WAHANE , AGED ABOUT 36 YEARS, OCCUPATION: PSC ROLL NO. 286563 R/O VILLAGE AND POST DEWALGAON

81. TEHSIL LANJI JILA BALAGHAT (MADHYA PRADESH)

PREETI MANJHI (HER NAME IS DELETED AS

82. PER ORDER DATED 24/02/2022)

PRIYANK TIWARI S/O MAHENDRA TIWARI , AGED ABOUT 26 YEARS, OCCUPATION: PSC ROLL NO. 214139 R/O 694 TRIPURI WARD

83. RAMNAGRA TILWARAGHAT JABALPUR (MADHYA PRADESH)

PURUSHOTTAM PRASAD TRIPATHI S/O SURENDRA PRASAD TRIPATHI , AGED ABOUT 37 YEARS, OCCUPATION: PSC ROLL NO. 148283

84. R/O VIVEKANAND WARD LAKHERA KATNI (MADHYA PRADESH)

RAHULRAI BANSAL (HIS NAME IS DELETED AS

85. PER ORDER DATED 24/02/2022)

RAKHI TIWARI (HER NAME IS DELETED AS

86. PER ORDER DATED 24/02/2022)

RAMMILAN SINGH (HIS NAME IS DELETED AS

87. PER ORDER DATED 24/02/2022)

RASHMI S/O VASUDEV , AGED ABOUT 24 YEARS, OCCUPATION: PSC ROLL NO. 126589

88. R/O VILLAGE MALGAON EAST NIMAR KHANDWA (MADHYA PRADESH)

RITU RAJPUT S/O BHAGWAN SINGH RAJPUT , AGED ABOUT 23 YEARS, OCCUPATION: PSC

89. ROLL NO.354872 R/O VILLAGE BAURAS TEHSIL UDAIPURA DISTRICT (MADHYA PRADESH)

ROHIT BANSAL (HIS NAME IS DELETED AS PER

90. ORDER DATED 24/02/2022)

ROHIT JAT (HIS NAME IS DELETED AS PER

91. ORDER DATED 24/02/2022)

SACHIN SHARMA (HIS NAME IS DELETED AS

92. PER ORDER DATED 24/02/2022)

SACHIN SINGH YADAV (HIS NAME IS DELETED

93. AS PER ORDER DATED 24/02/2022)

SADHANA KUSHWAHA W/D/O PRABHUDAYAL KUSHWAHA , AGED ABOUT 24 YEARS, OCCUPATION: PSC ROLL NO. 423196 R/O

94. VILLAGE ISHRPUR TEHSIL BANKHEDI DISTRICT HOSHANGABAD (MADHYA PRADESH)

SAKSHI GUPTA (HER NAME IS DELETED AS

95. PER ORDER DATED 24/02/2022)

SANDEEP SANKHALA (HIS NAME IS DELETED

96. AS PER ORDER DATED 24/02/2022)

SARVESH JAISWAL S/O MANOJ KUMAR JAISWAL , AGED ABOUT 23 YEARS, OCCUPATION: PSC ROLL NO. 218002 R/O 1509

97. NEW NIVESH COLONY GANGA NAGAR GARHA JABALPUR (MADHYA PRADESH)

SAURABH KASHYAP (HIS NAME IS DELETED AS

98. PER ORDER DATED 24/02/2022)

SACHENDRA LODHI (HIS NAME IS DELETED AS

99. PER ORDER DATED 24/02/2022)

SHILPA PANDEY S/O UMESH PANDEY , AGED ABOUT 27 YEARS, OCCUPATION: PSC ROLL NO. 100.389461 R/O SHIVAJI NAGAR UTAILI SATNA (MADHYA PRADESH)

SHIVAM MARKO S/O M.L MARKO , AGED ABOUT 24 YEARS, OCCUPATION: PSC ROLL NO. 336442 R/O EDAN GARDEN COLONY SARDAR

101. PATEL WARD NO. 15 LALIPUR MANDLA (MADHYA PRADESH)

SRADDHA SWAMI (HER NAME IS DELETED AS

102.PER ORDER DATED 24/02/2022)

SHUBHAM KUMAR PARASTE S/O CHETRAM PARASTE , AGED ABOUT 25 YEARS, OCCUPATION: PSC ROLL NO. 423707 R/O OLD

103. POLICE STATION SHAHPUR DISTRICT (MADHYA PRADESH)

SHUBHAM PATIDAR (HIS NAME IS DELETED AS

104.PER ORDER DATED 24/02/2022)

SHUBHAM SHARMA S/O SURESH PRASAD SHARMA , AGED ABOUT 25 YEARS, OCCUPATION: PSC ROLL NO. 362243 R/O 9/1480

105. KAILASHPURI UNIVERSITY ROAD REWA (MADHYA PRADESH)

SWETA PANDEY D/W/O SURESH PANDEY , AGED ABOUT 26 YEARS, OCCUPATION: PSC ROLL NO. 106.304347 R/O B-16 VIJAY VILASH LALITA NAGAR KOLAR BHOPAL (MADHYA PRADESH)

SONAM SAHU S/O DEVI PRASA SAHU , AGED ABOUT 25 YEARS, OCCUPATION: PSC ROLL NO. 211030 R/O HOUSE NO. 74 WARD NO. 7 VINDYA

107. NAGAR TENDUKHEDA DISTRICT (MADHYA PRADESH)

SUNIL JATAV (HIS NAME IS DELETED AS PER

108.ORDER DATED 24/02/2022)

SWATI TILKAR (HER NAME IS DELETED AS

109.PER ORDER DATED 24/02/2022)

UMESH BAGRI S/O RAMESH PD. BAGRI , AGED ABOUT 27 YEARS, OCCUPATION: PSC ROLL NO.

110. 111535 R/O WARD NO. 6 BAGRAN TOLA TEHSIL PAWAI DISTRICT PANNA (MADHYA PRADESH)

USHMA CHAUHAN (HER NAME IS DELETED AS

111. PER ORDER DATED 24/02/2022)

VIDYA CHAUHAN (HIS NAME IS DELETED AS

112. PER ORDER DATED 24/02/2022)

NIKHIL SINGH S/O SURENDRA MOHAN , AGED ABOUT 26 YEARS, OCCUPATION: PSC ROLL NO.

113. 172263 R/O VILLAGE AND POST SAIDPUR DISTRICT LALITPUR (UTTAR PRADESH)

KAJAL SINGH D/O MANOJ SINGH , AGED ABOUT 27 YEARS, OCCUPATION: PSC ROLL NO. 366478 R/O VILLAGE UMARIA POST DUARI

114. TEHSIL GURH DISTRICR REWA (MADHYA PRADESH)

SWATI SINGHAI D/O KALYAN KUAMR JAIN , AGED ABOUT 27 YEARS, OCCUPATION: PSC ROLL NO. 119998 R/O HOUSE NO. 165 VILLAGE

115. AND POST SADUMAL LALIPUR (UTTAR PRADESH)

MANALI JAIN (HER NAME IS DELETED AS PER

116. ORDER DATED 24/02/2022)

ADITYA MANDLOI (HIS NAME IS DELETED AS

117. PER ORDER DATED 24/02/2022)

MONALI BHAGAT (HER NAME IS DELETED AS

118. PER ORDER DATED 24/02/2022)

ABHISHEK JAT (HIS NAME IS DELETED AS PER

119. ORDER DATED 24/02/2022)

ABHISHEK WAIKAR S/O HEERALAL WAIKAR , AGED ABOUT 28 YEARS, OCCUPATION: PSC ROLL NO. 114621 R/O TYPE 3, 89 PREMNAGAR

120. PATHAKHERA DISTRICT BETUL (MADHYA PRADESH)

ASHISH (HIS NAME IS DELETED AS PER ORDER

121.DATED 24/02/2022)

VIVEK TIWARI S/O SHRI YAGYA NARAYAN TIWARI, AGED ABOUT 29 YEARS, OCCUPATION: PSC ROLL NO. 374147 R/O NEAR BUS STAND

122. BEHIND DEVI MANDIR BEOHARI DISTRICT SHAHDOL (MADHYA PRADESH)

.....PETITIONER

(BY SHRI BEERENDRA KUMAR UPADHYAY, ADVOCATE)

AND

THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY GENERAL

1. ADMINISTRATION AND DEPTT. VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

PUBLIC SERVICE COMMISSION, INDORE THROUGH EXAMINATION CONTROLLER

2. RESIDENCY AREA INDORE (MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI AMIT MISHRA, PANEL LAWYER & SHRI PARAG TIWARI, ADVOCATE FOR RESPONDENT NO.2)

WRIT PETITION No. 4714 of 2022 Between:-

NEHA VED MISHRA D/O VED MANI MISHRA, AGED ABOUT 30 YEARS, OCCUPATION: PATWARI

1. 13/964 NEHRU NAGAR REWA (MADHYA PRADESH)

GAURAV AGRAWAL S/O DR. G.P. AGRAWAL, AGED ABOUT 34 YEARS, OCCUPATION: STUDENT R/O

2. SHASHI SADAN, MAHARAJPUR, DISTRICT- JABALPUR (MADHYA PRADESH)

ANURAG RAJPUT S/O ROOP SINGH RAJPUT , AGED ABOUT 28 YEARS, OCCUPATION: STUDENT R/O VILLAGE-MARDANPUR, TEHSIL-

3. RAHATGARH, DISTRICT-SAGAR (MADHYA PRADESH)

.....PETITIONER

(BY SHRI SHRUTI SINGH CHOUHAN, ADVOCATE)

AND

THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY GENERAL

1. ADMINISTRATION DEPARTMENT VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

MADHYA PRADESH PUBLIC SERVICE COMMISSION THROUGH ITS EXAMINATION

2. CONTROLLER RESIDENCY AREA INDORE (MADHYA PRADESH) .....RESPONDENTS

(BY SHRI AMIT MISHRA, PANEL LAWYER & SHRI PARAG TIWARI, ADVOCATE FOR RESPONDENT NO.2)

All these writ petitions have come up for hearing on

admission on this day, the court passed the following:

ORDER

1. Writ Petition No.4788/2022 is taken as leading petition

as issue involved in all these bunch of writ petitions is

common, therefore, they all are being decided by this

common order.

2. Petitioners through these writ petitions are seeking

direction to respondent No.2 i.e. M.P. Public Service

Commission to award marks to the petitioners relating to

Question No.35 of Set-'C', Question No.90 of Set-'B',

Question No.70 of Set- 'A' and Question No.20 of Set- 'D'

namely who founded the Adi Brahmasamaj ?

3. It is submitted that there are four options namely :-

(A) Devendranath Tagore (B) Keshav Chandra Sen (C) Raja Ram Mohan Roy (D) Ravindranath Tagore

4. It is submitted that petitioners marked Option-'Keshav

Chandra Sen' whereas respondent No.2 has awarded marks

for Option- 'Devendranath Tagore'.

5. It is submitted that if petitioners' Option -'Keshav

Chandra Sen' which is mentioned in NCERT book namely

'Aadhunik Bharat' for Class-12th first edition (issued in

March, 2003) which is placed on record, is believed to be

correct so also on a book by name 'Aadhunik Bharat'

written by S.K. Pandey, Director, Prayag Academy, Allahabad

published by Prayag Publications and Distributors, so also in

36th edition of 'Aadhunik Bharat Ka Itihas' published by

B.L. Grover, Alka Mehta and Yashpal, so also book published

by Madhya Pradesh Hindi Granth Academy by Dr. Suresh

Mishra namely 'Bharat Ka Itihas' (1740-1857), so also book

published by Drishti publication titling 'Bharatiya Itihas

Avam Rashtriya Aandolan' 3rd edition, according to all these

books and reference/guides, Option- 'Keshav Chandra Sen' is

right option, therefore, respondent No.2 be directed to assign

appropriate marks for this question treating Option- 'Keshav

Chandra Sen' to be correct and permit the petitioners to

appear in Main Examination, 2022 which are going to be held

between 24/04/2022 to 29/04/2022.

6. Shri Parag Tiwari, learned counsel for respondent No.2

and Shri Amit Mishra, learned Panel Lawyer for respondent

No.1, in their turn, submit that issue raised by learned counsel

for petitioners is already examined by an expert committee

which has in unequivocal term dealt with the issue raised by

the petitioners.

7. It is submitted that about 164 objections were raised by

various candidates submitting that to the aforesaid question,

option- 'Keshav Chandra Sen' be also treated to be correct

option along with option - 'Devendranath Tagore'. Expert

committee has observed that certain candidates have also

submitted representations that Option- 'Raja Ram Mohan

Roy' be also treated to be correct option. It is submitted that

in fact correct option is 'Devendranath Tagore' who had taken

ahead work of Brahma Samaj in the name of 'Adi Brahma

Samaj. In 1866 Keshav Chandra Sen on account of

difference of opinion established Brahmo Samaj of India.

After Keshav Chandra Sen had separated, then Devendra

Nath Tagore had given nomenclature of Adi Brahmo Samaj to

the usually known entity Brahma Samaj.

8. Expert Committee of Madhya Pradesh Public Service

Commission has placed reliance on book 'Aadhunik Bharat-

Jan Jeevan Aur Sanskriti by B.N. Luniya page No.63

published by Kamal Publication, Indore, website of Brahma

Samaj namely www.thebrahmosamaj.net, the Gazetteer of

India (Volume Two) Itihas Avam Sanskriti and also to Keshav

Chandra Sen Ka Jeevan Parichay. It is submitted that

Keshav Chandra Sen had established Brahmo Samaj of India

on 11th November, 1866. Therefore, there is no justification

to accept option - 'Keshav Chandra Sen' to be correct option

as per committee of expert and the opinion of the committee

is supreme which does not call for any interference.

9. Learned counsel for respondent No.2 has placed

reliance on Full Bench judgment of this High Court in the

case of Nitin Pathak Vs. State of M.P. & others, ILR 2017

MP 2314 : 2017 SCC OnLine MP 1824. In this case

Hon'ble Full Bench has held that in case of recruitment

examination, in exercise of power of judicial review, Court

should not refer the matter to Court appointed expert as the

Courts have a very limited role particularly when no mala

fides have been alleged against the experts constituted to

finalize answer key. It would normally be prudent,

wholesome and safe for the Courts to leave the decisions to

the academicians and experts.

10. After hearing learned counsel for the parties and going

through the record, it is evident that in the website of Brahmo

Samaj, it is specifically mentioned that severe differences

regarding creed, rituals and the Brahmos to the social

problems of the day, had arisen between Dedendranath and

Keshub men of radically different temperament and the

Samaj soon split up into two groups-old conservatives

rallying round the cautious Debendranath and the young

reformists led by the dynamic Keshub. The division came to

the surface towards the close of 1866 with the emergence of

two rival bodies, the Calcutta or Adi Brahmo Samaj

consisting of the old adherents of the faith and the new order

(inspired and led by Keshub) known as the Brahmos Samaj

of India.

11. In the Gazetteer of India, Indian Union, Volume Two,

History and Culture, edited by Dr. P.N. Chopra, it is

mentioned that Keshub Chandra Sen, having imbibed more of

western culture and Christian influence advocated a much

more aggressive programme. Debendranath Tagore, as a

reformer, was for a slow and cautious move. In 1865, the

progressives led by Keshub Chandra Sen withdrew from the

parent body and in the following year (November 11, 1866)

the dissenters established the Brahmo Samaj of India. The

parent body henceforth came to be known as the Adi

Brahmosamaj.

12. When tested in light of two most authentic

publications; namely; Website of the Brahmo Samaj and the

Gazetteer of India issued by Department of Culture, Ministry

of Education and Social Welfare and taking into

consideration the law laid down by Hon'ble Full Bench of

this Court having reference to the judgment of Hon'ble

Supreme Court in the case of H.P. Public Service

Commission Vs. Mukesh Thakur, (2010) 6 SCC 759 so also

judgment of Karnataka High Court in the case of Dr. Praveen

Kumar I. Kusubi Vs. Rajiv Gandhi University of Health

Sciences), (2004) 3 Kant LJ 218, it is evident that Hon'ble

Supreme Court in the case of Mukesh Thakur(supra) has

held that Court cannot take upon itself task of examiner or

selection board and examine discrepancies and

inconsistencies in question papers and evaluation thereof.

13. Similarly, Full Bench of this Court has taken a view

that judicial review should not be taken up when no mala

fides have been alleged against expert constituted to finalize

answer key. It would normally be prudent, wholesome and

safe for Courts to leave the decision to the academicians and

experts, this Court is of the opinion that when the opinion of

the expert is tested on the touch stone of the Gazetteer of

India and the Website Brahmo Samaj, it does not call for any

interference or indulgence, therefore, it can be safely held

that there is no ambiguity in the question or by no stretch of

imagination, petitioner's option can be considered to be

correct in relation to the said question reproduced above,

thus, in absence of any ambiguity, no indulgence is required

in the matter calling for any interference in the decision of the

experts.

14. Accordingly, the writ petitions fail and are hereby

dismissed.

(VIVEK AGARWAL) JUDGE

ts.

TULSA SINGH 2022.03.09 17:09:07 +05'30'