Rahul Dev Verma vs State Of M.P.
2022 Latest Caselaw 13846 MP

                                                     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. 23406 of 2022

                                BETWEEN:-
                           1.   RAHUL DEV VERMA S/O SHRI LAKHAN LAL
                                VERMA, AGED ABOUT 25 YEARS, OCCUPATION:
                                CONSTABLE (G.D.) ROLL NO. 20570271 POSTED
                                AT PRESENT 7TH BATTALION S.A.F., BHOPAL
                                R/O- BHOPAL M.P. (MADHYA PRADESH)

                           2.   DINESH MEENA S/O SHRI RAM BHAROSA
                                MEENA, AGED ABOUT 33 YEARS, OCCUPATION:
                                CONSTABLE (G.D.) ALLOTTED UNIT 32
                                BATTALION S.A.F. UJJAIN ROLL NO. 20540913
                                R/O BHOPAL DISTRICT BHOPAL (MADHYA
                                PRADESH)

                           3.   MRAGENDRA KUMAR JAISWAL S/O SHRI
                                CHANDRA BHUSHAN JAISWAL, AGED ABOUT 34
                                Y E A R S , OCCUPATION: CONSTABLE (G.D.)
                                ALLOTED UNIT 15TH BATTALION S.A.F. INDORE
                                ROLL NO. 21129610 R/O VILLAGE SIROUNJA
                                POST RAJENDRA COLONY SHAHDOL DISTRICT
                                SHAHDOL (MADHYA PRADESH)

                           4.   DHARMENDRA PATEL S/O SHRI PREM
                                NARAYAN PATEL, AGED ABOUT 32 YEARS,
                                OCCUPATION: CONSTABLE (WATER CARRIER)
                                ALLOTTED UNIT 15TH BATTALION S.A.F.
                                INDORE ROLL NO. 20972758 R/O BHOPAL
                                DISTRICT BHOPAL (MADHYA PRADESH)

                           5.   RITESH KUMAR S/O SHRI JIVAN SINGH, AGED
                                ABOUT 29 YEARS, OCCUPATION: CONSTABLE
                                (SWEEPER) ALLOTTED UNIT 15TH BATTALION
                                S.A.F INDORE ROLL NO. 21354089 R/O BHOPAL
                                DISTRICT BHOPAL (MADHYA PRADESH)

                           6.   CHHOTE LAL KUSHWAH S/O SHRI KISHORI LAL
                                KUSHWAH,    AGED   ABOUT      30  YEARS,
                                OCCUPATION: CONSTABLE (G.D.) ALLOTTED
                                UNIT 32 BATTALION S.A.F. UJJAIN ROLL NO.
                                20747627 R/O BHOPAL DISTRICT BHOPAL
                                (MADHYA PRADESH)
Signature Not Verified
Signed by: NAVEEN
NAGDEVE
Signing time: 10/28/2022
3:23:41 PM
                                                               2
                                                                                            .....PETITIONER
                                   (BY SHRI DHARMENDRA PATEL, ADVOCATE)

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

                           2.      DIRECTOR GENERAL OF POLICE POLI
                                   JAHANGIRABAD BHOPAL (MADHYA PRADESH)

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

Signature Not Verified Signed by: NAVEEN NAGDEVE Signing time: 10/28/2022 3:23:41 PM

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