Dr. Mohita Pandey vs The State Of Madhya Pradesh
2022 Latest Caselaw 3174 MP

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                                               The High Court Of Madhya Pradesh
                                                         WP No. 5668 of 2022
                                                 (DR. MOHITA PANDEY Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                 Jabalpur, Dated : 07-03-2022
                                          Shri Siddharth Gupta, learned counsel for the petitioner.

                                          Shri Siddharth Chouhan,             learned   Government Advocate for   the
                                 respondent/State.

Learned counsel for the petitioner submits that action of respondents in shifting the reserve category post of one compartment (in-service) to another (General open/direct) is bad in law and runs contrary to Constitution Bench

judgment of Supreme Court in Tamil Nadu Medical Officers Association and others Vs. State of Tamil Nadu Anr [(2021) 6 SCC 568] and judgments in K. Duraisamy and Another Vs. State of T.N. and others [(2001) 2 SCC 538: AIR 2001 SCW448], State of M.P. and Ors Vs. Gopal D. Tirthani and Ors. [(2003) 7 SCC 83 : AIR 2003 SC 2952] and Sunita Sharma Vs. State of M.P. and Ors. [2001(2) MPLJ 524 : 2001 (5) MPHT 276].

Learned Government Advocate for the respondent/State is directed to seek instructions.

List the matter on 10.3.2022.

Till the next date of hearing, the registration of petitioner shall not be cancelled.

This provisional order shall not create any equity or right in favour of the petitioner.

Petitioner may cure the defects as pointed out by the Registry in the meantime.

C.C. today.

                                       (SUJOY PAUL)                                         (DWARKA DHISH BANSAL)
                                          JUDGE                                                    JUDGE

                                 ahd



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Date: 2022.03.07 17:15:16 IST