Tej Singh Rathod vs The State Of Madhya Pradesh
2022 Latest Caselaw 13671 MP

                                                     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. 22738 of 2022

                                BETWEEN:-
                           1.   TEJ SINGH RATHOD S/O SHRI KUMER SINGH,
                                AGED    ABOUT   28   YEARS, OCCUPATION:
                                CONSTABLE GD ROLL NO. 23898082 POSTED
                                PRESENT 7TH BNSAF BHOPAL (MADHYA
                                PRADESH)

                           2.   HIMANSHU GUPTA S/O SHRI RAJNEESH
                                KUMAR GUPTA, AGED ABOUT 28 YEARS,
                                OCCUPATION:    CONSTABLE  GD POSTED
                                PRESENT 7TH BNSAF BHOPAL ROLL NO.
                                23977262 (MADHYA PRADESH)

                           3.   MAYANK KUMAR PANDEY S/O SHRI RAM
                                SHARAN PANDEY, AGED ABOUT 27 YEARS,
                                OCCUPATION:    CONSTABLE  GD POSTED
                                PRESENT 7TH BNSAF BHOPAL ROLL NO.
                                23694267 (MADHYA PRADESH)

                           4.   ASHUTOSH SINGH S/O SHRI NARESH, AGED
                                ABOUT 30 YEARS, OCCUPATION: CONSTABLE
                                GD POSTED PRESENT 6TH BNSAF BHOPAL
                                ROLL NO. 775388 (MADHYA PRADESH)

                                                                            .....PETITIONERS
                                (BY SHRI VINAY PRATAP SINGH, ADVOCATE )

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

                           2.   THE DIRECTOR GENERAL OF POLICE POLICE
                                HEAD QUARTER S JAHANGIRABAD BHOPAL
                                (MADHYA PRADESH)

                           3.   THE ADDITIONAL DIRECTOR GENERAL OF
                                POLICE   (SELECTION) P O L I JAHANGIRABAD
                                BHOPAL (MADHYA PRADESH)
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 10/18/2022
7:12:01 PM
                                                                2
                                                                                           .....RESPONDENTS
                                    (BY SHRI SUBODH KATHAR, GOVERNMENT ADVOCATE )

                                  Th is petition coming on for hearing this day, th e court passed the
                           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/3 at page No.19 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. Signature Not Verified Signed by: SAVITRI PATEL Signing time: 10/18/2022 7:12:01 PM

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.

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