Madhya Pradesh High Court
Piyush Kumar Sharma vs The State Of Madhya Pradesh on 27 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 27th OF OCTOBER, 2022
WRIT PETITION No. 23391 of 2022
BETWEEN:-
1.
PIYUSH KUMAR SHARMA S/O PRAMOD KUMAR
SHARMA, AGED ABOUT 27 YEARS,
OCCUPATION: CONSTABLE (GD) ROLL NO.
20805440, 13TH BATTALION SPECIAL ARMED
FORCE GWALIOR, M.P. (MADHYA PRADESH)
2. VIJAY PRATAP SINGH S/O BALBEER SINGH,
AGED ABOUT 28 YEARS, OCCUPATION:
CONSTABLE (GD) ROLL NO. 20822884 13TH
BATTALION SPECIAL ARMED FORCE GWALIOR
PRESENTLY WORKING AT 1ST BATTALION
13TH BATTALION SPECIAL ARMED FORCE
GWALIOR (MADHYA PRADESH)
3. RAMANUJ SHARMA S/O RAMKRISHNA
SHARMA, AGED ABOUT 28 YEARS,
OCCUPATION: CONSTABLE (GD) ROLL NO.
20748584 15TH BATTALION SPECIAL ARMED
F O R C E PRESENTLY WORKING AT 15TH
BATTALION SPECIAL ARMED FORCE INDORE
(MADHYA PRADESH)
4. RAVINDER KUMAR SHARMA S/O DEVENDRA
JUMAR SHARMA, AGED ABOUT 32 YEARS,
OCCUPATION: CONSTABLE (GD) ROLL NO.
21153434 13TH BATTALION SPECIAL ARMED
FORCE GWALIOR PRESENTLY WORKING AT
13TH BATTALION SPECIAL ARMED FORCE
GWALIOR (MADHYA PRADESH)
5. UDAYBHAN RAGHUWANSHI S/O MAHENDRA
RAGHUWANSHI, AGED ABOUT 29 YEARS,
OCCUPATION: CONSTABLE (GD) ROLL NO.
20724029 15TH BATTALION SPECIAL ARMED
FORCE INDORE PRESENTLY WORKING AT 15TH
BATTALION SPECIAL ARMED FORCE INDORE
(MADHYA PRADESH)
6. SAURABH MISHRA S/O VINDHYASANI MISHRA,
AGED ABOUT 27 YEARS, OCCUPATION:
Signature Not Verified
Signed by: NAVEEN
NAGDEVE
Signing time: 10/28/2022
3:23:41 PM
CONSTABLE (GD) ROLL NO. 21386305 9TH
BATTALION SPECIAL ARMED FORCE REWA
PRESENTLY WORKING AT 1ST BATTALION
STATE INDUSTRIAL SECURITY FORCE
BHATLLO REWA (MADHYA PRADESH)
7. AJEET SINGH PATEL S/O MAHESH CHANDRA
PATEL, AGED ABOUT 27 YEARS, OCCUPATION:
CONSTABLE (GD) ROLL NO. 21305573 9TH
BATTALION SPECIAL ARMED FORCE REWA
15TH BATTALION SPECIAL ARMED FORCE
INDORE PRESENTLY WORKING AT 1ST
BATTALION STATE INDUSTRIAL SECURITY
FORCE BHATLLO REWA (MADHYA PRADESH)
8. SATENDRA TIWARI S/O RAMKHILAUNA
TIWARI, AGED ABOUT 33 YEARS, OCCUPATION:
CONSTABLE (GD) ROLL NO. 20556322 15TH
BATTALION SPECIAL ARMED FORCE INDORE
PRESENTLY WORKING AT 15TH BATTALION
SPECIAL ARMED FORCE DISTRICT INDORE
(MADHYA PRADESH)
9. ABHILASH MISHRA S/O AKHILESH MISHRA,
AGED ABOUT 29 YEARS, OCCUPATION:
CONSTABLE (GD) ROLL NO. 20872512 15TH
BATTALION SPECIAL ARMED FORCE BHOPAL
PRESENTLY WORKING AT 25TH BATTALION
SPECIAL ARMED FORCE BHOPAL (MADHYA
PRADESH)
10. ARUN SHARMA S/O RAMNARESH SHARMA,
AGED ABOUT 31 YEARS, OCCUPATION:
CONSTABLE (GD) ROLL NO. 21067742 15TH
BATTALION SPECIAL ARMED FORCE INDORE
PRESENTLY WORKING AT 15TH BATTALION
SPECIAL ARMED FORCE INDORE (MADHYA
PRADESH)
11. HITESH SINGH S/O KOMAL SINGH, AGED
ABOUT 28 YEARS, OCCUPATION: CONSTABLE
(GD) ROLL NO. 20665031 29TH BATTALION
SPECIAL ARMED FORCE DATIA PRESENTLY
WORKING AT 1ST BATTALION STATE
INDUSTRIAL SECURITY FORCE BHATLLO
REWA (MADHYA PRADESH)
12. ARVIND KUMAR S/O SURENDRA YADAV, AGED
ABOUT 28 YEARS, OCCUPATION: CONSTABLE
(GD) ROLL NO. 21320602 6TH BATTALION
SPECIAL ARMED FORCE JABALPUR
PRESENTLY WORKING AT 1ST BATTALION
Signature Not Verified
Signed by: NAVEEN
NAGDEVE
Signing time: 10/28/2022
3:23:41 PM
STATE INDUSTRIAL SECURITY FORCE
BHATLLO REWA (MADHYA PRADESH)
13. DIPU CHAUHAN S/O KHARBHAN CHAUHAN,
AGED ABOUT 28 YEARS, OCCUPATION:
CONSTABLE (GD) ROLL NO. 21300672 1ST
BATTALION SPECIAL ARMED FORCE INDORE
PRESENTLY WORKING AT 1ST BATTALION
STATE INDUSTRIAL SECURITY FORCE
BHATLLO REWA (MADHYA PRADESH)
14. ROHIT SINGH CHAUHAN S/O RAMESH SINGH
CHAUHAN, AGED ABOUT 28 YEARS,
OCCUPATION: CONSTABLE (GD) ROLL NO.
21317647 1ST BATTALION SPECIAL ARMED
FORCE INDORE PRESENTLY WORKING AT 1ST
BATTALION STATE INDUATRIALSECURITY
FORCE BHATLO REWA (MADHYA PRADESH)
15. MANISH SHARMA S/O BALKISHAN SHARMA,
AGED ABOUT 26 YEARS, OCCUPATION:
CONSTABLE (GD) ROLL NO. 20503787 15TH
BATTALION SPECIAL ARMED FORCE INDORE
PRESENTLY WORKING AT 15TH BATTALION
SPECIAL ARMED FORCE INDORE (MADHYA
PRADESH)
16. PRAVEEN KUMAR S/O ATMA PRASAD, AGED
ABOUT 31 YEARS, OCCUPATION: CONSTABLE
(GD) ROLL NO. 20736143 29TH BATTALION
SPECIAL ARMED FORCE DATIA PRESENTLY
WORKING AT 1ST BATTALION STATE
INDUSTRIAL SECURITY FORCE BHATLLO
REWA (MADHYA PRADESH)
17. SATISH YADAV S/O RAMDEV YADAV, AGED
ABOUT 30 YEARS, OCCUPATION: CONSTABLE
(GD) ROLL NO. 21382070 6TH BATTALION
SPECIAL ARMED FORCE JABALPUR
PRESENTLY WORKING AT 1ST BATTALION
STATE INDUSTRIAL SECURITY FORCE
BHATLLO REWA (MADHYA PRADESH)
18. ANIL PATHAK S/O LAXMI PRASAD PATHAK,
AGED ABOUT 26 YEARS, OCCUPATION:
CONSTABLE (GD) ROLL NO. 21254639 15TH
BATTALION SPECIAL ARMED FORCE INDORE
PRESENTLY WORKING AT 15TH BATTALION
SPECIAL ARMED FORCE INDORE (MADHYA
PRADESH)
19. ANKIT SINGH CHAUHAN S/O NARENDRA SINGH
Signature Not Verified
Signed by: NAVEEN
NAGDEVE
Signing time: 10/28/2022
3:23:41 PM
CHAUHAN, AGED ABOUT 28 YEARS,
OCCUPATION: CONSTABLE (GD) ROLL NO.
209744547 15TH BATTALION SPECIAL ARMED
FORCE INDORE PRESENTLY WORKING AT 15TH
BATTALION SPECIAL ARMED FORCE INDORE
(MADHYA PRADESH)
20. SHUBHAM UDENIYA S/O PRADEEP UDENIYA,
AGED ABOUT 26 YEARS, OCCUPATION:
CONSTABLE (GD) ROLL NO. 21066877 13TH
BATTALION SPECIAL ARMED FORCE GWALIOR
PRESENTLY WORKING AT 13TH BATTALION
SPECIAL ARMED FORCE GWALIOR (MADHYA
PRADESH)
21. SUMIT SINGH BHADAURIYA S/O AVADESH
SINGH, AGED ABOUT 27 YEARS, OCCUPATION:
CONSTABLE (GD) ROLL NO. 20912539 14TH
BATTALION SPECIAL ARMED FORCE GWALIOR
PRESENTLY WORKING AT 14TH BATTALION
SPECIAL ARMED FORCE GWALIOR (MADHYA
PRADESH)
22. ANAND KUMAR YADAV S/O PREMCHAND
YADAV, AGED ABOUT 26 YEARS, OCCUPATION:
CONSTABLE (GD) ROLL NO. 21289774 17TH
BATTALION SPECIAL ARMED FORCE BHIND
PRESENTLY WORKING AT 1ST BATTALION
STATE INDUSTRIAL SECURITY FORCE
BHATLLO REWA (MADHYA PRADESH)
23. RAGHUVEER SINGH TOMAR S/O DEVENDRA
SINGH, AGED ABOUT 30 YEARS, OCCUPATION:
CONSTABLE (GD) ROLL NO. 20810284 13TH
BATTALION SPECIAL ARMED FORCE GWALIOR
PRESENTLY WORKING AT 13TH BATTALION
SPECIAL ARMED FORCE GWALIOR (MADHYA
PRADESH)
24. GURTYAN SINGH S/O JOGINDER SINGH, AGED
ABOUT 25 YEARS, OCCUPATION: CONSTABLE
(GD) ROLL NO. 20716530 15TH BATTALION
SPECIAL ARMED FORCE INDORE PRESENTLY
WORKING AT 29TH BATTALION SPECIAL
ARMED FORCE DATIA (MADHYA PRADESH)
25. ASHUTOSH DWIVEDI S/O RAJEEV KUMAT
DWIVEDI, AGED ABOUT 25 YEARS,
OCCUPATION: CONSTABLE (GD) ROLL NO.
21378731 15TH BATTALION SPECIAL ARMED
FORCE INDORE PRESENTLY WORKING AT 15TH
BATTALION SPECIAL ARMED FORCE INDORE
(MADHYA PRADESH)
Signature Not Verified
Signed by: NAVEEN
NAGDEVE
Signing time: 10/28/2022
3:23:41 PM
.....PETITIONER
(BY MRS. AMRIT RUPRAH WITH SHRI SACHIN SHUKLA,
ADVOCATES)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRRETARY HOME DEPARTMENT
VALLABH BHAWAN BHOPAL (M.P.) (MADHYA
PRADESH)
2. DIRECTOR GENERAL OF POLICE POLICE
HEAD QUARTER S JAHANGIRABAD BHOPAL
(MADHYA PRADESH)
3. ADDITIONAL DIRECTOR GENERAL OF POLICE
(SELECTION) POLICE HEADQUARTERS
JAHANGIRABAD BHOPAL (MADHYA PRADESH)
4. PROFESSIONAL EXAMINATION BOARD
THROUGH ITS SECRETARY CHAYAN BHWAN
MAIN ROAD NO. 1 CHINAR PARK (EAST)
BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SWAPNIL GANGULY, DEPUTY ADVOCATE GENERAL)
Th is petition coming on for hearing this day, th e court passed the
following:
ORDER
Learned counsel for the petitioner 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.16, 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
Signature Not Verified
Signed by: NAVEEN
NAGDEVE
Signing time: 10/28/2022
3:23:41 PM
as regard the service and post viz-a-viz a candidate who may be placed below
him.
Shri Rajesh Chand, Govt. 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 petitioner has filed this petition,
therefore, there is a futile attempt by the petitioner 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 petitioner 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.
With the aforesaid, the petition is finally disposed off.
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
navin
Signature Not Verified
Signed by: NAVEEN
NAGDEVE
Signing time: 10/28/2022
3:23:41 PM
