Umakant vs The State Of Madhya Pradesh
2022 Latest Caselaw 15802 MP

                                                      1
                          IN   THE     HIGH      COURT OF MADHYA               PRADESH
                                                  AT JABALPUR
                                                   BEFORE
                                     HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                         ON THE 30 th OF NOVEMBER, 2022
                                         WRIT PETITION No. 27578 of 2022

                          BETWEEN:-
                          1.   UMAKANT S/O OMPRAKASH, AGED ABOUT 26
                               YEAR S, OCCUPATION: CONSTABLE (GD) ROLL
                               NO. 20780700 13TH BATTALION SPECIAL ARMED
                               FORCE GWALIOR PRESENTLY WORKING AT F
                               COMPANY CAMP RAJ BHAWAN BHOPAL BHOPAL
                               M.P. (MADHYA PRADESH)

                          2.   ANKUR SINGH S/O ARJUN SINGH RAWAT, AGED
                               ABOUT 26 YEARS, OCCUPATION: CONSTABLE
                               (GD) ROLL NO. 20573911 13TH BATTALION
                               SPECIAL ARMED FORCE GWALIOR PRESENTLY
                               WORKING AT F COMPANY CAMP RAJ BHAWAN
                               BHOPAL (MADHYA PRADESH)

                          3.   PRADEEP DUBEY S/O GUDDEY LAL, AGED ABOUT
                               31 YEARS, OCCUPATION: CONSTABLE (GD) ROLL
                               NO. 21245244 1ST BATTALION SPECIAL ARMED
                               FORCE INDORE PRESENTLY WORKING AT 1ST
                               BATTALION SPECIAL ARMED FORCE INDORE
                               (MADHYA PRADESH)

                          4.   SUNIL KUMAR MISHRA S/O DVANAND MISHRA,
                               AGED    ABOUT   28    YEARS, OCCUPATION:
                               CONSTABLE (GD) ROLL NO. 21296536 9TH
                               BATTALION SPECIAL ARMED FORCE REWA
                               PRESENTLY WORKING AT 9TH BATTALION
                               SPECIAL ARMED FORCE REWA (MADHYA
                               PRADESH)

                          5.   MANOJ S/O VIJAY SINGH, AGED ABOUT 26 YEARS,
                               OCCUPATION: CONSTABLE (GD) ROLL NO.
                               20733765 13TH BATTALION SPECIAL ARMED
                               FORCE GWALIOR PRESENTLY WORKING AT 13TH
                               BATTALION SPECIAL ARMED FORCE GWALIOR
                               (MADHYA PRADESH)

                                                                             .....PETITIONER
                          (BY SHRI N.S. RUPRAH, ADVOCATE)
Signature Not Verified
Signed by: AMITABH
RANJAN
Signing time: 12/2/2022
5:04:40 PM
                                                               2
                          AND
                          1.    THE   STATE   OF    MADHYA    PRADESH
                                THROUGPRINCIPAL    SECRETARY    HOME
                                DEPARTMENT VALLABH BHAWAN BHOPAL (M.P.)
                                (MADHYA PRADESH)

                          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)

                          4.    MADHYA PRADESH EMPLOYEES SELECTION
                                BOARD (EARLIER KNOWN AS PROFESSIONAL
                                EXAMINATION       BOARD) THROUGH   ITS
                                SECRETARY CHAYAN BAWAN MAIN ROAD NO. 1
                                CHINAR PARK (EAST) BHOPAL (MADHYA
                                PRADESH)

                                                                                        .....RESPONDENTS
                          (RESPONDENT NO.1 TO 3 BY SHRI G.P. SINGH, GOVERNMENT
                          ADVOCATE )
                          (RESPONDENT No.4 BY SHRI RAHUL DIWAKAR)

                                This petition coming on for admission this day, th e court passed the
                          following:
                                                               ORDER

Petitioners have filed this writ petition under Article 226 of the of the Constitution of India making a prayer to direct respondents to consider the case of petitioners for giving them Branch of service for which petitioners have filled up the choice in accordance with their merit list. It is submitted that petitioners may not be deprived from the benefit of choice which has been given to them only on ground that reserve category candidate has been given the Branch of service in which petitioners have given their choice.

Counsel appearing for the petitioners relied upon the judgment dated 24.02.2022 passed in Civil Appeal No. 7663/2021 (Pravin Kumar Kurmi

Signature Not Verified Signed by: AMITABH RANJAN Signing time: 12/2/2022 5:04:40 PM

Vs. State of M.P.) and makes a prayer that respondent authorities be directed to consider and decide representation of petitioners in accordance with order passed by Apex Court in Civil Appeal No. 7663/2021.

Govt. Advocate for the State submitted that representation preferred by petitioners shall be considered and decided in accordance with law.

Considering aforesaid facts and circumstances of the case, writ petition is disposed off directing respondents to consider and decide the representation of petitioner in accordance with order dated 24.02.2022 passed by Hon'ble the Apex Court in Civil Appeal No. 7663/2022 within a period of 90 days.

At this stage, Government Advocate appearing for State submitted that petition is suffered from delay and latches. Petitioner has been given appointment and order of posting on 2017. They had approached this Court after a long delay. They are working in the branch of service which has been allotted to them since last five years. Respondents will be adversely affected if the respondents are directed to consider representation which has been filed after considerable delay.

Considering aforesaid submissions of Government Advocate, writ petition filed by petitioners is disposed of with directions as given above with a proviso that case of petitioners shall be considered sympathetically and if petitioners can be adjusted according to their choice in branch of service, same

shall be considered and their case may not be rejected only on the ground of delay and order shall be passed in accordance with law.

Certified copy as per rules.

(VISHAL DHAGAT) JUDGE Signature Not Verified Signed by: AMITABH RANJAN Signing time: 12/2/2022 5:04:40 PM

Amitabh

Signature Not Verified Signed by: AMITABH RANJAN Signing time: 12/2/2022 5:04:40 PM