Uttam Kumar Tiwari vs The State Of Madhya Pradesh
2022 Latest Caselaw 14539 MP

                                                     1
                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                           ON THE 10th OF NOVEMBER, 2022

                                        WRIT PETITION No. 23105 of 2022

                                BETWEEN:-
                           1.   UTTAM KUMAR TIWARI S/O SHRI AMBIKA
                                PRASAD TIWARI, AGED ABOUT 28 YEARS,
                                OCCUPATION:   CONSTABLE    GD   POSTED
                                PRESENT 1ST BNSAF BHATLO REWA (MADHYA
                                PRADESH)

                           2.   GOURAV PATEL S/O SHRI ASHOK PATEL, AGED
                                ABOUT 30 YEARS, OCCUPATION: CONSTABLE
                                TRADE POSTED PRESENT 25TH BNSAF BHOPAL
                                ROLL NO. 20975356 (MADHYA PRADESH)

                           3.   DHARMENDRA SAHU S/O SHRI DHANI RAM
                                SAHU, AGED ABOUT 32 YEARS, OCCUPATION:
                                CONSTABLE TRADE GD POSTED PRESENT 10TH
                                BNSAF SAGAR ROLL NO. 21205276 (MADHYA
                                PRADESH)

                           4.   MANGALDEEN PRAJAPATI S/O SHRI BAIJNATH
                                PRAJAPATI,  AGED   ABOUT   30   YEARS,
                                OCCUPATION:   CONSTABLE   GD    POSTED
                                PRESENT HAWK FORCE BNSAF KANKI
                                BALAGHAT ROLL NO. 830695 (MADHYA
                                PRADESH)

                           5.   YOGENDRA SHARMA S/O SHRI PARMANAND
                                SHARMA,       AGED   ABOUT    32  YEARS,
                                OCCUPATION:      CONSTABLE  GD   POSTED
                                PRESENT 6TH BNSAF RANJHI JABALPUR ROLL
                                NO. 23959977 (MADHYA PRADESH)

                           6.   RAHUL KUMAR JAIN S/O SHRI RAJESH KUMAR
                                JAIN, AGED ABOUT 28 YEARS, OCCUPATION:
                                CONSTABLE GD POSTED PRESENT 6TH BNSAF
                                RANJHI JABALPUR ROLL NO. 23847715
                                (MADHYA PRADESH)

                           7.   VIVEK KUMAR SHUKLA S/O SHRI RAJKUMAR
                                SHUKLA,   AGED   ABOUT    27    YEARS,
                                OCCUPATION:  CONSTABLE   GD    POSTED
                                PRESENT 6TH BNSAF RANJHI JABALPUR
Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 11/11/2022
11:11:42 AM
                                                          2
                                    BATCH NO. 263 (MADHYA PRADESH)

                                                                                              .....PETITIONER
                                    (BY SHRI V.P.SINGH, ADVOCATE)

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

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

                           3.       THE ADDITIONAL DIRECTOR GENERAL OF
                                    POLICE (SELECTION) POLICE HEADQUARTERS
                                    JAHANGIRABAD BHOPAL (MADHYA PRADESH)

                                                                                           .....RESPONDENTS
                                    (BY SHRI SUBODH KATHAR, 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 Subodh Kathar, learned Government Advocate while taking this Court to paragraph- 4 of the writ petition submits that the cause suffers from Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 11/11/2022 11:11:42 AM

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. 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: 11/11/2022 11:11:42 AM