Vinod Parmar vs The State Of Madhya Pradesh
2022 Latest Caselaw 13659 MP

                                                     1
                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL MISHRA
                                            ON THE 17th OF OCTOBER, 2022

                                        WRIT PETITION No. 22878 of 2022

                                BETWEEN:-
                           1.   VINOD PARMAR, S/O SHRI TEJRAM PARMAR,
                                AGED ABOUT 33 YEARS, OCCUPATION: 26
                                BATTALION ROLL NO. 846964 R/O JAWASIYA,
                                MUNDHEDA DISTT. DEWAS M.P. AT PRESENT
                                R/O RANJHI JABALPUR (MADHYA PRADESH)

                           2.   DHARMENDRA SINGH BAMNIYA S/O SHRI
                                POONAM CHAND BAMNIYA, AGED ABOUT 31
                                YEARS, OCCUPATION: SERVICE 26 BATTALION
                                M.P. AT PRESENT RANJHI JABALPUR, ROLL NO.
                                593329,   R/O   37/34  KSHIPRA    AVENUE
                                HAMUKHEDI DEWAS ROAD UJJAIN, M.P.
                                (MADHYA PRADESH)

                           3.   RAHUL SOLANKI S/O SHRI CHHAGAN LAL
                                SOLANKI,   AGED    ABOUT     30  YEARS,
                                OCCUPATION: SERVICE 17 BATTALION M.P. AT
                                PRESENT RANJHI JABALPUR, ROLL NO. 846433,
                                R/O VILLAGE DATTOTAR, DISTRICT- DEWAS,
                                M.P. (MADHYA PRADESH)

                           4.   BANE SINGH MAKWANA S/O SHRI AMBARAM
                                MAKWANA,,    AGED   ABOUT    35  YEARS,
                                OCCUPATION: SERVICE 26 BATTALION M.P. AT
                                PRESENT RANJHI JABALPUR, ROLL NO.847885,
                                R/O BAJRANG PURA JUNI TAJPUR, DISTRICT-
                                UJJAIN (MADHYA PRADESH)

                           5.   PRASHANT RAJORIYA S/O SHRI HARIDAS
                                RAJORIYA,   AGED   ABOUT    31   YEARS,
                                OCCUPATION: SERVICE R.A.P.T.C. M.P. AT
                                PRESENT RANJHI JABALPUR, ROLL NO. 665717,
                                R/O VILLAGE RASEELPUR POST JIGANI,
                                DISTRICT- MORENA (MADHYA PRADESH)

                           6.   TILAK CHOUREY, S/O SHRI RAJENDRA PRASAD
                                CHOUREY,   AGED     ABOUT    30   YEARS,
                                OCCUPATION: SERVICE 34TH BATTALION,
                                ROLL NO. 662591, R/O WARD NO. 25, NEW
                                HANUMAN NAGAR RASULYA HOSHANGABAD,
Signature Not Verified
Signed by: TAJAMMUL
HUSSAIN KHAN
Signing time: 10/18/2022
5:58:39 PM
                                                           2
                                   DISTRICT-        HOSHANGABAD           (MADHYA
                                   PRADESH)

                           7.      NARAYAN SINGH BAGHEL S/O SHRI LAYAK
                                   RAM BAGHEL, AGED ABOUT 30 YEARS,
                                   OCCUPATION: SERVICE 5TH BATTALION M.P.,
                                   ROLL NO. 563506, R/O VILLAGE CHACK GIRWAI,
                                   AB ROAD GIRWAI, DISTRICT- GWALIOR, M.P.
                                   AT PRESENT R/O PNT COLONY JABALPUR
                                   JABALPUR (MADHYA PRADESH)

                                                                                         .....PETITIONERS
                                   (BY SHRI R.S. THAKUR - ADVOCATE)

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

                           2.      DIRECTOR GENERAL OF POLICE, HEAD
                                   QUARTER JAHANGIRABAD DISTRICT- BHOPAL
                                   (MADHYA PRADESH)

                           3.      ADDITIONAL DIRECTOR GENERAL OF POLICE
                                   (SELECTION) P.H.Q. JAHANGIRABAD DISTRICT
                                   BHOPAL (MADHYA PRADESH)

                           4.      PROFESSIONAL    EXAMINATION   BOARD
                                   THROUGH ITS SECRETARY CHAYAN BHAWAN
                                   MAIN ROAD NO. 1 CHINAR PARK (EAST)
                                   BHOPAL (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                                   (SHRI SWAPNIL GANGULY - DEPUTY ADVOCATE GENERAL)

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

Learned counsel for the petitioners submits that representations 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.56 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) Signature Not Verified Signed by: TAJAMMUL HUSSAIN KHAN Signing time: 10/18/2022 5:58:39 PM

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.

Under the circumstances, the petition is disposed of with a request to the respondents No. 2 and 3 to consider the representations of the petitioners 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.

The authorities are at liberty to consider the fact that the vacancies were of the year 2014 and the judgment passed by the Supreme Court is with respect to vacancies of the year 2017-2018.

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.

(VISHAL MISHRA) JUDGE taj

Signature Not Verified Signed by: TAJAMMUL HUSSAIN KHAN Signing time: 10/18/2022 5:58:39 PM