Madhya Pradesh High Court
Pankaj Singh Yadav vs The State Of Madhya Pradesh on 12 September, 2022
Author: Gurpal Singh Ahluwalia
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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 12th OF SEPTEMBER, 2022
WRIT PETITION No. 8539 of 2022
BETWEEN:-
1. PANKAJ SINGH YADAV S/O SHRI BADAL SINGH
YADAV, AGED ABOUT- 28 YEARS, OCCUPATION-
CONSTABLE (G.D.) POSTED AT PRESENT 26TH
BATTALION, S.A.F., GUNA DISTRICT-GUNA
(MADHYA PRADESH)
2. SUNIL PATIDAR S/O SHRI RADHESHYAM
PATIDAR, AGED ABOUT- 31 YEARS,
OCCUPATION- CONSTABLE (G.D.) POSTED AT
PRESENT 26TH BATTALION, S.A.F., GUNA
DISTRICT-GUNA (MADHYA PRADESH)
3. SATENDRA JAT S/O SHRI RANJIT SINGH JAAT,
AGED ABOUT- 30 YEARS, OCCUPATION-
CONSTABLE (G.D.) POSTED AT PRESENT 26TH
BATTALION, S.A.F., GUNA DISTRICT-GUNA
(MADHYA PRADESH)
4. DINESH NARGESH S/O RUGHUNATH NARGESH
26 YEARS, OCCUPATION- CONSTABLE (G.D.)
POSTED AT PRESENT 26TH BATTALION, S.A.F.,
GUNA DISTRICT-GUNA (MADHYA PRADESH)
5. ANIL VERMA S/O SHRI ASHOK VERMA, AGED
ABOUT- 28 YEARS, OCCUPATION- CONSTABLE
(G.D.) POSTED AT PRESENT 26TH BATTALION,
S.A.F., GUNA DISTRICT-GUNA (MADHYA
PRADESH)
6. MADHUR NAMDEV S/O SHRI SURESH NAMDEV,
AGED ABOUT- 28 YEARS, OCCUPATION-
CONSTABLE (G.D.) POSTED AT PRESENT 26TH
BATTALION, S.A.F., GUNA DISTRICT-GUNA
(MADHYA PRADESH)
7. DEEPAK PRAJAPAT S/O JAGDEESH PRAJAPAT,
AGED ABOUT 33 YEARS, OCCUPATION-
CONSTABLE (G.D.) POSTED AT PRESENT 26TH
BATTALION, S.A.F., GUNA DISTRICT-GUNA
(MADHYA PRADESH)
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8. VIJAY SINGH DHAKAD S/O JALIM SINGH, AGED
ABOUT- 25 YEARS, OCCUPATION- CONSTABLE
(G.D.) POSTED AT PRESENT 26TH BATTALION,
S.A.F., GUNA DISTRICT-GUNA (MADHYA
PRADESH)
9. SHELENDRA RATHOR S/O RAMDHAN SINGH
RATHOR, AGED ABOUT- 33 YEARS,
OCCUPATION- CONSTABLE (G.D.) POSTED AT
PRESENT 26TH BATTALION, S.A.F., GUNA
DISTRICT-GUNA (MADHYA PRADESH)
10. RAM VIR YADAV S/O SHRI RAHISH KUMAR,
AGED ABOUT- 27 YEARS, OCCUPATION-
CONSTABLE (G.D.) POSTED AT PRESENT 26TH
BATTALION, S.A.F., GUNA DISTRICT-GUNA
(MADHYA PRADESH)
11. AKASH YADAV S/O SHRI LAXMAN YADAV,
AGED ABOUT- 26 YEARS, OCCUPATION-
CONSTABLE (G.D.) POSTED AT PRESENT 26TH
BATTALION, S.A.F., GUNA DISTRICT-GUNA
(MADHYA PRADESH)
12. ABHISHEK SONI S/O SUNIL SONI, AGED ABOUT-
28 YEARS, OCCUPATION- CONSTABLE (G.D.)
POSTED AT PRESENT 26TH BATTALION, S.A.F.,
GUNA DISTRICT-GUNA (MADHYA PRADESH)
13. ARVIND DHAKAR S/O SHRI RAMESHWAR
DHAKAR, AGED ABOUT- OCCUPATION-
CONSTABLE (G.D.) POSTED AT PRESENT 26TH
BATTALION, S.A.F., GUNA DISTRICT-GUNA
(MADHYA PRADESH)
14. RANJEET JATAV S/O SHRI GANGARAM JATAV,
AGED ABOUT- 25 YEARS, OCCUPATION-
CONSTABLE (G.D.) POSTED AT PRESENT 26TH
BATTALION, S.A.F., GUNA DISTRICT-GUNA
(MADHYA PRADESH)
15. SHAILENDRA VISHWAKARAMA S/O SHRI
KALLU VISHWAKARMA, AGED ABOUT- 31
YEARS,OCCUPATION- CONSTABLE (G.D.)
POSTED AT PRESENT 26TH BATTALION, S.A.F.,
GUNA DISTRICT-GUNA (MADHYA PRADESH)
16. SHUBHAM YADAV S/O MADHOU SINGH, AGED
ABOUT- 27 YEARS, OCCUPATION- CONSTABLE
(G.D.) POSTED AT PRESENT 26TH BATTALION,
S.A.F., GUNA DISTRICT-GUNA (MADHYA
3
PRADESH)
17. NARENDRA SINGH KUSHWAH S/O SHRI
NARAYAN SINGH KUSHWAH, AGED ABOUT- 30
Y E A R S , OCCUPATION-CONSTABLE (G.D.)
POSTED AT PRESENT 26TH BATTALION, S.A.F.,
GUNA DISTRICT-GUNA (MADHYA PRADESH)
18. SUKHVEER SINGH S/O SHRI GHANSHYAM,
AGED ABOUT- 26 YEARS, OCCUPATION-
CONSTABLE (G.D.) POSTED AT PRESENT 26TH
BATTALION, S.A.F., GUNA DISTRICT-GUNA
(MADHYA PRADESH)
19. ABHISHEK MEENA S/O SHRI PURUSHOTTAM
MEENA, AGED ABOUT- 24 YEARS, OCCUPATION-
CONSTABLE (G.D.) POSTED AT PRESENT 26TH
BATTALION, S.A.F., GUNA DISTRICT-GUNA
(MADHYA PRADESH)
20. ANAND S/O SHRI BADRI PRASAD, AGED
ABOUT- 25 YEARS, OCCUPATION-CONSTABLE
(G.D.) POSTED AT PRESENT 18TH BATTALION,
S.A.F., SHIVPURI DISTRICT- SHIVPURI
(MADHYA PRADESH)
21. SATISH PATEL S/O SHRI PRAHALAD PATEL,
AGED ABOUT- 29 YEARS, OCCUPATION-
CONSTABLE (G.D.) POSTED AT PRESENT 26TH
BATTALION, S.A.F., GUNA DISTRICT-GUNA
(MADHYA PRADESH)
22. SANDEEP KURMI S/O SHRI KUNJILAL KURMI,
AGED ABOUT- 32 YEARS, OCCUPATION-
CONSTABLE (G.D.) POSTED AT PRESENT 17TH
BATTALION, BHIND, S.A.F., BHIND DISTRICT-
BHIND (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI SUSHIL GOSWAMI- ADVOCATE)
AND
1. STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY, HOME DEPARTMENT,
VALLABH BHAWAN BHOPAL (MADHYA
PRADESH)
2. DIRECTOR GENERAL OF POLICE, POLICE HEAD
QUARTER, JAHANGIRABAD, BHOPAL (MADHYA
PRADESH)
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3. ADDITIONAL DIRECTOR GENERAL OF POLICE,
( S E L E C T I O N ) POLICE HEAD QUARTER,
JAHANGIRABAD, BHOPAL (MADHYA PRADESH)
4. PROFESSIONAL EXAMINATION BOARD,
THROUGH ITS- SECRETARY, CHAYAN BHAWAN,
MAIN ROAD NO. 1, CHINAR PARK (EAST),
BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
( SHRI SANJAY SHARMA- GOVERNMENT ADVOCATE)
(SHRI PRAVEEN NEWASKAR- ADVOCATE FOR THE
RESPONDENT NO.4)
Th is petition coming on for hearing this day, th e court passed the
following:
ORDER
This petition under Article 226 of the Constitution of India has been filed
seeking following reliefs :
I. to call for the relevant record.
II. to quash the merit list its relates with the petitioners and
further be pleased to direct the respondents to issue a fresh
merit list by considering the preference given by the petitioners
within their respective category and allot the post and seat as per
preference given in application.
III. To direct the respondents to give appointment to the
petitioners in District Force with all consequential benefits like
seniority and pay protection similarly to order passed by the
Hon'ble Apex Court in the case of Praveen Kumar Kurmi
(Supra)
IV. Any other relief together cost of the petition which this
Hon'ble Court deem fit and proper under the facts and
circumstances of this case may also be awarded in favour of the
petitionerS.
I t is submitted by the counsel for the petitioners that the Co-ordinate
Benches of this Court had directed the respondents to decide the representation
in the light of the judgment passed by the Supreme Court in the case of
Praveen Kumar Kurmi vs. State of Madhya Pradesh and Others decided
o n 24th February, 2022 in Civil Appeal No. 7663/2021. To buttress his
contention, the counsel for the petitioners has also relied upon the order dated
20th June, 2022 passed by Co-ordinate Bench of this Court in the case of
Sandeep Kumar Sahu and Others vs. State of M.P. and Others in WP
No. 10926 of 2022 (Principal Seat).
Per contra, it is submitted by the counsel for the respondents that as
present they don't have any instructions.
Heard learned counsel for the parties.
It is submitted by counsel for the petitioners that the petitioners may be
granted liberty to file a representation for redressal of their grievances and the
respondents may be directed to decide their representation in accordance with
law.
In view of the innocuous prayer made by the petitioners, this petition is
disposed of with liberty to the petitioners to make a fresh representation
pointing out their grievances and entitlement.
In case such a representation is made, then the respondents shall decide
the same by passing a speaking order within a period of two months from the
date of receipt of the representation as well as the certified copy of this order.
I t is needless to mention that since this Court has not considered the
merits of the case, therefore, the representation shall be decided strictly in
accordance with law without getting prejudiced or influenced by this order.
(G.S. AHLUWALIA)
JUDGE
Pj'S/-
PRINCEE
BARAIYA
2022.09.12
19:39:05 -07'00'
