Pravesh Rawat vs The State Of M.P.
2022 Latest Caselaw 13847 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. 23752 of 2022

                                BETWEEN:-
                           1.   PRAVESH RAWAT S/O SHRI THAN SINGH, AGED
                                ABOUT 32 YEARS, OCCUPATION: CONSTABLE
                                (G.D.) ALLOTED UNIT 32 BATTALION S.A.F.,
                                UJJAIN, ROLL NO. 650700R/O BHOPAL DISTT.
                                BHOPAL M.P. (MADHYA PRADESH)

                           2.   PUSHPENDRA SINGH GURJAR S/O SHRI
                                RAJENDRA SINGH GURJAR, AGED ABOUT 32
                                Y E A R S , OCCUPATION: CONSTABLE (GD),
                                ALLOTTED UNIT 32 BATTALION S.A.F. UJJAIN
                                ROLL NO 690842 R/O BHOPAL DISTT. BHOPAL
                                (MADHYA PRADESH)

                           3.   ARVIND PAL SINGH S/O SHRI KARTAR SINGH,
                                AGED    ABOUT    35   YEARS, OCCUPATION:
                                CONSTABLE (GD), 5TH BATTALION S.A.F.
                                MORENA ROLL NO. 652432, BATCH NO. 170 R/O
                                DISTRICT BHOPAL (MADHYA PRADESH)

                           4.   RAJESH BAGHEL S/O SHRI HARNAM SINGH,
                                AGED   ABOUT   32   YEARS, OCCUPATION:
                                CONSTABLE (GD), 17TH BATTALION S.A.F.
                                BHIND, BATCH NO. 360 R/O DISTT. BHOPAL
                                (MADHYA PRADESH)

                           5.   PUSHPENDRA SINGH YADAV S/O SHRI MOHAN
                                SINGH YADAV, AGED ABOUT 29 YEARS,
                                OCCUPATION: CONSTABLE (G.D.), ALLOTTED
                                UNIT 5TH BATTALION S.A.F., MORENA AT
                                PRESNET 17TH BATTALION S.A.F., BHIND,
                                BATCH NO 531 R/O DISTT. BHOPAL (MADHYA
                                PRADESH)

                           6.   RAJESH    KUMAR     RAWAT   S/O    SHRI
                                PURUSHOTAM RAWAT, AGED ABOUT 35 YEARS,
                                OCCUPATION: CONSTABLE (GD), ALLOTTED
                                UNIT 5TH BATTALION, MORENA AT PRESENT
                                29TH BATTALION DATIA, BATCH NO. 641 R/O
                                DISTT. 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.      THE STATE OF M.P. THROUGH PRINCIPAL
                                   SECRETARY HOME DEPARTMENT VALLABH
                                   BHAWAN BHOPAL M.P. (MADHYA PRADESH)

                           2.      DIRECTOR GENERAL OF POLICE POLICE
                                   STATION QUARTER JAHANGIRABAD, BHOPAL
                                   (MADHYA PRADESH)

                           3.      ADDITION DIRECTOR OF POLICE POLICE HEAD
                                   QUARTER 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