Madhya Pradesh High Court
Pankaj Patidar vs The State Of Madhya Pradesh on 17 October, 2022
Author: Maninder S Bhatti
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S BHATTI
ON THE 17th OF OCTOBER, 2022
WRIT PETITION No. 22871 of 2022
BETWEEN:-
1. PANKAJ PATIDAR S/O SHRI RADHESHYAM
PATIDAR, AGED ABOUT 30 YEARS,
OCCUPATION: 15TH BATTALION ROLL NO.
360689 R/O VILLAGE SULGAON, TEHSIL
MAHESHWAR DISTT. KHARGONE M.P. AT
PRESENT R/O RANJHI JABALPUR (MADHYA
PRADESH)
2. OM JI KOURAV S/O SHRI SADHURAM KOURAV,
AGED ABOUT 34 YEARS, OCCUPATION:
SERVICE 1ST BATTALION MP R/O 64 VILLAGE
KAJAROTA POST BAREHTA TEHSIL
GADARWARA DISTRICT NARSIMHAPUR MP
ROLL NO. 391778 (MADHYA PRADESH)
3. RAKESH VISHWAKARMA S/O SHRI
SATYANARAYAN VISHWAKARMA, AGED
ABOUT 29 YEARS, OCCUPATION: SERVICE 15TH
BATTALION MP AT PRESENT RESIDENT OF
KANCHGHAR JABALPUR ROLL NO. 296675 R/O
192 VILLAGE DHABLA GURJAR SHAMGARH
DISTRICT MANDSAUR MP (MADHYA PRADESH)
4. BRAJENDRA SEN S/O SHRI MANOHAR SEN,
AGED ABOUT 30 YEARS, OCCUPATION:
SERVICE 15TH BATTALION SAF MP AT
PRESENT POSTING AND RESIDENT OF 10TH
BATTALION SAGAR MP ROLL NO. 175336 R/O
WARD NO 06 VILLAGE BAJNA POST BAJNA
DISTRICT CHHATARPUR MP (MADHYA
PRADESH)
5. PINKU PATEL S/O SHRI RAJA RAM PATEL,
AGED ABOUT 30 YEARS, OCCUPATION:
SERVICE 15TH BATTALION MP AT PRESENT
POSTING AND RESIDENT OF 10TH BATTALION
SAGAR MP ROLL NO. 175564 R/O VILLAGE
BAHADURPUR POST CHURYARI DISTRICT
CHHATARPUR MP (MADHYA PRADESH)
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 10/18/2022
7:12:01 PM
2
6. NISHANT RAJPUT S/O SHRI SURESH RAJPUT,
AGED ABOUT 30 YEARS, OCCUPATION:
SERVICE 29TH BATTALION MP AT PRESENT
RESIDENT OF BEOHARBAGH JABALPUR ROLL
NO. 163573 R/O VILLAGE AND POST CEENOR
DISTRICT GWALIOR MP (MADHYA PRADESH)
7. JITENDRA KUMAR CHOUHAN S/O SHRI KARU
LAL, AGED ABOUT 30 YEARS, OCCUPATION:
SERVICE 24TH BATTALION M.P. AT PRESENT
RESIDENT OF SUBHASH NAGAR ADHARTAL
JABALPUR M.P. ROLL NO. 375577 R/O CHOTI
GUDBHELI MALHARGARH DISTRICT
MANDSAUR MP (MADHYA PRADESH)
8. RAJU RAJPUT S/O SHRI GABBAR RAJPUT, AGED
ABOUT 29 YEARS, OCCUPATION: SERVICE 5TH
BATTALION SAF MP AT PRESENT RESIDENT OF
LALMATI JABALPUR DISTRICT JABALPUR M.P.
ROLL NO. 259732 R/O A-219 ANAND NAGAR
GWALIOR DISTRICT GWALIOR MP (MADHYA
PRADESH)
.....PETITIONERS
(BY SHRI RAMESHWAR SINGH THAKUR, ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY HOME DEPARTMENT
VALLABH BHAWAN BHOPAL (MADHYA
PRADESH)
2. DIRECTOR GENERAL OF POLICE HEAD
QUARTER B HOPAL 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. PROFESSIONAL EXAMINATION BOARD
THROUGH ITS SECRETARY CHAYAN BHAWAN
MAIN ROAD NO. 1 CHINAR PARK (EAST)
BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SUBODH KATHAR, GOVERNMENT ADVOCATE )
Th is petition coming on for hearing this day, th e court passed the
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 10/18/2022
7:12:01 PM
3
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/4 at page No.58 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
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.
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 10/18/2022
7:12:01 PM
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
sp
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 10/18/2022
7:12:01 PM
