Jitendra Sahu vs The State Of Mp.
2022 Latest Caselaw 13683 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. 23405 of 2022

                                   BETWEEN:-
                           1.      JITENDRA SAHU S/O SHRI SHYAM LAL SAHU,
                                   AGED    ABOUT   33   YEARS, OCCUPATION:
                                   CONSTABLE (DRIVER) ROLL NO. 23847699
                                   POSTED AT PRESENT 25TH BATTALION S.A.F.
                                   BHOPAL (M.P.)

                           2.      AMIT YADAV S/O SHRI JITENDRA SINGH
                                   YADAV, AGED ABOUT 28 YEARS, OCCUPATION:
                                   CONSTABLE (G.D) ROLL NO. 2387684 ALLOTTED
                                   UNIT, 5TH S.A.F. MORENA R/O BHOPAL
                                   DISTRICT BHOPAL (M.P.)

                                                                                         .....PETITIONERS
                                   (BY SHRI DHARMENDRA PATEL - ADVOCATE)

                                   AND
                           1.      THE STATE OF MP. THROUGH PRINCIPAL
                                   SECRETARY HOME DEPARTMENT VALLABH
                                   BHAWAN BHOPAL (M.P.)

                           2.      DIRECTOR GENERAL OF POLICE POLICE HEAD
                                   QUARTER JAHANGIRABAD, BHOPAL (M.P.)

                           3.      ADDITIONAL DIRECTOR GENERAL OF POLICE
                                   (SELECTION) P.H.Q. JAHANGIRABAD, BHOPAL
                                   (M.P.)

                                                                                       .....RESPONDENTS
                                   (BY MS. SHARDA DUBEY - PANEL LAWYER)

                                 This petition coming on for admission 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. Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 10/18/2022 5:07:05 PM

He has also drawn attention of this Court to Annexure-P/3, 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.

Learned Panel Lawyer 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.

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.

Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 10/18/2022 5:07:05 PM

(VISHAL MISHRA) JUDGE irfan

Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 10/18/2022 5:07:05 PM