Devndra Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 12099 MP

                           1
        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. 17057 of 2022

     BETWEEN:-
1.   DEVNDRA SINGH S/O SHRI BRIJMOHAN SINGH,
     AGED   ABOUT    32   YEARS, OCCUPATION-
     CONSTABLE (DRIVER), 26TH BATALION S.A.F.,
     GUNA, R/O GRAM SIRSULA, MEHAGAON
     TEHSIL BHITARWAR DISTRICT GWALIOR
     MADHYA PRADESH

2.   PUSHPENDDRA SINGH GURJAR S/O SHRI
     NATTHI SINGH, AGED ABOUT 30 YEARS,
     OCCUPATION- CONSTABLE (DRIVER), 26TH
     BATALION S.A.F., GUNA, R/O DONARI GRAM
     PANCHAYAT    GALETHA      TEHSIL JAURA
     DISTRICT MORENA MADHYA PRADESH

                                                   .....PETITIONERS
     (BY SMT. SANGEETA PACHAURI- ADVOCATE)

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

2.   DIRECTOR GENERAL OF POLICE POLICE HEAD
     QUARTERS JAHANGIRABAD BHOPAL MADHYA
     PRADESH

3.   ADDITIONAL DIRECTOR GENERAL OF POLICE
     ( S E L E C T I O N ) POLICE HEAD QUARTERS
     JAHANGIRABAD BHOPAL MADHYA PRADESH

4.   PROFESSIONAL     EXAMINATION     BORAD
     THROUGH ITS SECRETARY CHAYAN BHAWAN
     MAIN ROAD NO.1 MAIN ROAD NO.I CHINAR
     PARK (EAST) BHOPAL, MADHYA PRADESH

                                                  .....RESPONDENTS
     (SHRI SANJAY SHARMA- GOVERNMENT ADVOCATE)
     (SHRI PRAVEEN NEWASKAR- ADVOCATE FOR THE
                                    2
         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 :

7.1 That, this Hon'ble Court may kindly be pleased to allow the present petition and further prayed that the respondents may kindly be directed to allow the humble petitioners to represent their matters as similarly situated candidates in the case of Praveen Kumar Kurmi Vs. State of Madhya Pradesh and Another by the Supreme Court in Civil Apal No. 7663/2021.

7.2 That, the humble petitioners be permitted to be placed to a meritorious position as regard the service posts vis a vis the petitioners be extended similar benefit to that as in the case of Rambabu Sisodiya and Others Vs. State of Madhya Pradesh as in Writ Petition No. 9861/2022 order passed by this Hon'ble Court at Principal Bench at Jabalapur on the 12th of May 2022.

7.3 That, any other relief which this Hon'ble Court deemed fit and proper may also be awarded in favor of the petitioner. 7.4 That, costs of the petition may kindly be awarded.

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 19:37:48 -07'00'