Sunil Kumar Harijan vs The State Of Madhya Pradesh
2022 Latest Caselaw 14143 MP

                                                    1
                                  IN THE HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                           ON THE 2nd OF NOVEMBER, 2022

                                        WRIT PETITION No. 23161 of 2022

                               BETWEEN:-
                          1.   SUNIL KUMAR HARIJAN S/O RAJBHOR
                               HARIJAN,    AGED    ABOUT   28   YEARS,
                               OCCUPATION: BY CONSTABLE ROLL NO. 772107
                               GD 6TH BN SAF JABALPUR (MADHYA PRADESH)

                          2.   YASHPAL DEHARIYA S/O MUNIRAM DEHARIYA,
                               AGED    ABOUT   31    YEARS, OCCUPATION:
                               CONSTABLE ROLL NO.807487 GD 8TH BN SAF
                               CHHINDWARA (MADHYA PRADESH)

                          3.   AMAR BRAMHWANSHI S/O MUNNA LAL, AGED
                               ABOUT 35 YEARS, OCCUPATION: CONSTABLE
                               ROLL NO.521305 GD 8TH BN SAF CHHINDWARA
                               (MADHYA PRADESH)

                          4.   DURGESH DEHARIYA S/O KHOOBCHAND
                               DEHARIYA,   AGED   ABOUT    35   YEARS,
                               OCCUPATION: CONSTABLE ROLL NO.575270 GD
                               8TH BN    SAF CHHINDWARA (MADHYA
                               PRADESH)

                          5.   YOGENDRA      DEHARIYA    S/O    SITARAM
                               DEHARIYA,    AGED    ABOUT    29   YEARS,
                               OCCUPATION: CONSTABLE ROLL NO.808014 GD
                               6TH BN SAF JABALPUR (MADHYA PRADESH)

                          6.   UMASHANKAR BUDDHA S/O RAMLAL BUDDHA,
                               AGED   ABOUT   35   YEARS, OCCUPATION:
                               CONSTABLE ROLL NO.714597 GD 6TH BN SAF
                               JABALPUR (MADHYA PRADESH)

                          7.   DINESH KUMAR CHOUDHARY S/O BHOOPAT
                               SINGH, AGED ABOUT 30 YEARS, OCCUPATION:
                               CONSTABLE ROLL NO.744075 GD 6TH BN SAF
                               JABALPUR (MADHYA PRADESH)

                          8.   GYANENDRA KUMAR CHANDRAWANSHI S/O
                               RAM   KAILASH CHANDRAVANSHI, AGED
                               ABOUT 35 YEARS, OCCUPATION: CONSTABLE
                               ROLL NO.504113 GD 6TH BN SAF JABALPUR
Signature Not Verified
Signed by: ASTHA SEN
Signing time: 11/3/2022
4:25:07 PM
                                                           2
                                  (MADHYA PRADESH)

                          9.      LOVE KUMAR MORLE S/O GOPAL PRASAD
                                  MORLE, AGED ABOUT 33 YEARS, OCCUPATION:
                                  CONSTABLE ROLL NO.5254215 GD 23RD BN SAF
                                  BHOPAL (MADHYA PRADESH)

                          10.     PANKAJ BARDE S/O SHRIRAM BARDE, AGED
                                  ABOUT 29 YEARS, OCCUPATION: CONSTABLE
                                  ROLL NO.522786 GD 8TH BN SAF CHHINDWARA
                                  (MADHYA PRADESH)

                          11.     AKASH NAYAK S/O RAMBHUVAN, AGED ABOUT
                                  3 YEARS, OCCUPATION: CONSTABLE ROLL
                                  NO.79041 GD 6TH BN SAF JABALPUR (MADHYA
                                  PRADESH)

                          12.     GOVIND PRASAD S/O BHAGWAN DAS, AGED
                                  ABOUT 34 YEARS, OCCUPATION: CONSTABLE
                                  ROLL NO.579988 GD 6TH BN SAF JABALPUR
                                  (MADHYA PRADESH)

                          13.     SANJEEV JHAWARE S/O ASHOK JHAWARE,
                                  AGED    ABOUT   34  YEARS, OCCUPATION:
                                  CONSTABLE ROLL NO.656784 GD 23RD BN SAF
                                  BHOPAL (MADHYA PRADESH)

                                                                                     .....PETITIONER
                                  (BY SHRI PAWAN KUMAR SINGH SENGAR, ADVOCATE)

                                  AND
                          1.      THE STATE OF MADHYA PRADESH THROUGH
                                  PRINCIPAL SECRETARY HOME DEPARTMENT
                                  MANTRALAYA VALLABH BHAWAN BHOPAL
                                  (MADHYA PRADESH)

                          2.      THE DIRECTOR GENRAL OF POLICE POLICE
                                  HEAD QUARTER S JAHANGIRABAD (MADHYA
                                  PRADESH)

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

                                                                                  .....RESPONDENTS
                                  (BY SHRI PRAMOD KUMAR PANDEY, GOVERNMENT ADVOCATE)

                                This petition coming on for admission this day, th e court passed the
                          following:
Signature Not Verified
Signed by: ASTHA SEN
Signing time: 11/3/2022
4:25:07 PM
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                                                                 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 Pramod Kumar Pandey, learned Government Advocate 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 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 of. Signature Not Verified Signed by: ASTHA SEN Signing time: 11/3/2022 4:25:07 PM

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 Astha

Signature Not Verified Signed by: ASTHA SEN Signing time: 11/3/2022 4:25:07 PM