Madhya Pradesh High Court
Swapnil Rajput vs The State Of Madhya Pradesh on 11 October, 2022
Author: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 11th OF OCTOBER, 2022
WRIT PETITION No. 22499 of 2022
BETWEEN:-
SWAPNIL RAJPUT S/O SHRI RAMAVTAR
RAJPUT, AGE 23 YEARS, OCCUPATION SERVICE,
R/O TOPPERS PUBLIC SCHOOL NEAR P.G.
COLLEGE, MAHARAJPUR ROAD, PS CIVIL
LINES, DISTRICT MORENA (MADHYA
PRADESH)
.....PETITIONER
(SHRI S.N.SETH- ADVOCATE)
AND
1. STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY, DEPARTMENT OF
HOME, MANTRALAYA, VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)
2. THE DIRECTOR GENERAL OF POLICE, POLICE
HEADQUARTER, JAHANGIRABAD BHOPAL
(MADHYA PRADESH)
3. THE ADDITIONAL DIRECTOR GENERAL OF
P O L I C E , POLICE (SELECTION) PHQ
JAHANGIRABAD BHOPAL (MADHYA PRADESH)
4. THE COMMANDANT 26TH BN SAF, GUNA GUNA
(MADHYA PRADESH)
.....RESPONDENTS
(SHRI A.K.NIRANKARI- GOVERNMENT ADVOCATE)
Th is petition coming on for hearing this day, th e court passed the
following:
ORDER
This petition under Article 226 of the Constitution of India has been filed
seeking the following reliefs:-
Signature Not Verified
Signed by: PRINCEE
BARAIYA
Signing time: 12-Oct-22
10:58:30 AM
I) To call for the relevant record;
II) To quash merit list which relates to the petitioner and further
be pleased to direct the respondents to issue a fresh merit list by
considering the preference given by the petitioner within the
respective category and allot the post and seat as per preference
given in application.
III) To direct the respondents 2 & 3 to consider and decide the
claim of the petitioner in the light of the order passed by Hon'ble
Supreme Court in the case of Praveen Kumar Kurmi (Supra) Vs.
State of MP passed in civil appeal no.7663/21;
IV) To direct the respondents to give all consequential benefits
seniority and pay protection similarly to order passed by
Hon'ble Supreme Court in the case of Praveen Kumar Kurmi
(Supra);
V) Cost may also be ordered;
VI) Any other relief which this Hon'ble Court may kindly be
deem fit may kindly be granted.
It is submitted by the counsel for the petitioner that the case in hand is
duly covered by order dated 12/09/2022 passed by this Court in the case of
Deependra Kumar and Others Vs. State of M.P. and Others in
W.P.No.8534/2022 and this case may also be disposed of in the terms and
conditions of the said order.
The submission made by the counsel for the petitioner is not opposed by
the counsel for the State but fairly conceded that the case in hand is duly
covered by judgment passed by the Supreme Court in the case of Praveen
Kumar Kurmi vs. State of Madhya Pradesh and Others decided on 24th
February, 2022 in Civil Appeal No. 7663/2021.
Heard the learned counsel for the parties.
In the case of Deependra Kumar (supra) the following order has been
passed:-
This petition under Article 226 of the Constitution of India has
Signature Not Verified
Signed by: PRINCEE
BARAIYA
Signing time: 12-Oct-22
10:58:30 AM
been filed seeking following reliefs :
I. to call for the relevant record.
II. to quash the merit list its relates with the petitioners and
further be pleased to direct the respondents to issue a fresh
merit list by considering the preference given by the
petitioners within their respective category and allot the post
and seat as per preference given in application.
III. To direct the respondents to give appointment to the
petitioners in District Force/S.B. with all consequential
benefits like seniority and pay protection similarly to order
passed by the Hon'ble Apex Court in the case of Praveen
Kumar Kurmi (Supra).
IV. Any other relief together cost of the petition which this
Hon'ble Court deem fit and proper under the facts and
circumstances of this case may also be awarded in favour of
the petitioner.
It is submitted by the counsel for the petitioners that the Co-
ordinate Benches of this Court had directed the respondents to
decide the representation in the light of the judgment passed by the
Supreme Court in the case of Praveen Kumar Kurmi vs. State of
Madhya Pradesh and Others decided on 24th February, 2022 in
Civil Appeal No. 7663/2021. To buttress his contention, the
counsel for the petitioners has also relied upon the order dated 20th
June, 2022 passed by Co-ordinate Bench of this Court in the case
o f Sandeep Kumar Sahu and Others vs. State of M.P. and
Others in WP No. 10926 of 2022 (Principal Seat).
Per contra, it is submitted by the counsel for the respondents that
as present they don't have any instructions.
Heard learned counsel for the parties.
It is submitted by counsel for the petitioners that the petitioners
may be granted liberty to file a representation for redressal of their
grievances and the respondents may be directed to decide their
representation in accordance with law.
In view of the innocuous prayer made by the petitioners, this
petition is disposed of with liberty to the petitioners to make a fresh
representation pointing out their grievances and entitlement.
In case such a representation is made, then the respondents shall
decide the same by passing a speaking order within a period of two
months from the date of receipt of the representation as well as the
Signature Not Verified
Signed by: PRINCEE
BARAIYA
Signing time: 12-Oct-22
10:58:30 AM
certified copy of this order.
It is needless to mention that since this Court has not considered
the merits of the case, therefore, the representation shall be decided
strictly in accordance with law without getting prejudiced or
influenced by this order.
Accordingly, this petition is also disposed of in the terms and conditions
of the order passed in the case of Deependra Kumar (supra).
(G.S. AHLUWALIA)
JUDGE
Pj'S/-
Signature Not Verified
Signed by: PRINCEE
BARAIYA
Signing time: 12-Oct-22
10:58:30 AM
