Sudhir Bansal vs The State Of Madhya Pradesh
2022 Latest Caselaw 13512 MP

                                       1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
              HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                         ON THE 13th OF OCTOBER, 2022

                     WRIT PETITION No. 6883 of 2022

         BETWEEN:-
         SUDHIR BANSAL S/O SHRI RAMNARESH
         BANSAL, AGED ABOUT 27 YEARS, OCCUPATION:
         SERVICE   BIRKHADI     GOHAD    (MADHYA
         PRADESH)

                                                                .....PETITIONER
         (BY SHRI S.K.SHARMA - ADVOCATE)

         AND
1.       THE STATE OF MADHYA PRADESH PRINCIPAL
         SECRETARY VALLABH BHAWAN, BHOPAL
         (MADHYA PRADESH)

2.       DIRECTOR GENERAL OF POLICE POLICE
         HEADQUARTERS BHOPAL (MADHYA PRADESH)

                                                             .....RESPONDENTS
         (BY SHRI ROHIT SHRIVASTAVA - PANEL LAWYER)

      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 following reliefs :

7.1 That, respondents be directed to adjust the petitioner in district police force taking his services to be from the date of appointment with all service benefits;

7.2 That, any other relief which this Hon'ble Court may deem fit, with cost of the petition;

It is submitted by the counsel for the petitioner that the petitioner who had qualified the Police Constable Recruitment Examination, allotted the post in the SAF cadre and despite being meritorious, not given the posting in District Police Force depriving reservation benefits while the person who are less meritorious than the petitioner have been allotted in the District Police Force. He further submits that after filing reply, an application for amendment in the return has been filed on behalf of the respondents/State for bringing on record 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 wherein, it has been held that the scenario

where a person, though from the reserved category, is not required to avail of the benefit of the same on account of his merit, would be required to be adjusted against the general seat, at the same time, it should not work out to the disadvantage of such a candidate and he may not be placed in a more disadvantageous position than the other less meritorious reserved category candidate.

Per contra, counsel for the respondents/State does not dispute the aforesaid position and submits that they are ready to implement the said judgment to decide the present controversy.

Heard learned counsel for the parties.

It is submitted by counsel for the petitioner that the petitioner may be granted liberty to file a representation for redressal of his grievances and the respondents may be directed to decide his representation in accordance with law, keeping in view the judgment rendered in Praveen Kumar Kurmi (Supra).

In view of the innocuous prayer made by the petitioner, this petition is

disposed of with liberty to the petitioner to make a fresh representation pointing out his grievances and entitlement.

In case such a representation is made, then the respondents shall decide the same by passing a speaking order keeping in view the ratio laid down in Praveen Kumar Kurmi (Supra) within a period of two months from the date of receipt of the representation as well as the certified copy of this order.

I t 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.

With the aforesaid, the petition stands disposed of.

(MILIND RAMESH PHADKE) JUDGE Rks

RAM KUMAR SHARMA 2022.10.14 10:27:30 +05'30'