Madhya Pradesh High Court
Sitaram vs The State Of Madhya Pradesh on 16 September, 2022
Author: Maninder S Bhatti
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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S BHATTI
ON THE 16th OF SEPTEMBER, 2022
WRIT PETITION No. 21181 of 2022
BETWEEN:-
1. SITARAM S/O SHRI PREM NARAYAN, AGED
ABOUT 27 YEARS, OCCUPATION: CONSTABLE
(G.D.) ROLL NO. 20701753 POSTED AT PRESENT
23RD BATTALION, S.A.F., BHOPAL DISTT.
BHOPAL M.P. (MADHYA PRADESH)
2. RAHUL VERMA S/O DWARKA PRASAD, AGED
ABOUT 28 YEARS, OCCUPATION:
CONSTABLE(GD) ROLL NO. 20907663 POSTED AT
PRESENT 23RD BATTALION, S.A.F. BHOPAL M.P.
(MADHYA PRADESH)
3. UMAKANT LILHORE S/O SHIVDAYAL LILHORE,
AGED ABOUT 28 YEARS, OCCUPATION:
CONSTABLE(GD) ROLL NO. 21056417 POSTED AT
PRESENT 23RD BATTALION, S.A.F. BHOPAL M.P.
(MADHYA PRADESH)
4. JITENDRA SINGH S/O SHRI OMPRAKASH
KUSHWAH, AGED ABOUT 27 YEARS,
OCCUPATION: CONSTABLE (DRIVER) ROLL NO.
20828264 POSTED AT PRESENT 23RD
BATTALION, S.A.F. BHOPAL M.P. (MADHYA
PRADESH)
5. SANTOSH DANGI S/O SHRI BHAGIRATH, AGED
ABOUT 28 YEARS, OCCUPATION:
CONSTABLE(GD) ROLL NO. 21073354 POSTED AT
PRESENT 23RD BATTALION, S.A.F. BHOPAL M.P.
(MADHYA PRADESH)
6. ROHIT S/O SHRI MANOHAR, AGED ABOUT 28
YEAR S, OCCUPATION: CONSTABLE(GD) ROLL
NO. 20567737 POSTED AT PRESENT 23RD
BATTALION, S.A.F. BHOPAL M.P. (MADHYA
PRADESH)
7. RAHUL MEWADA S/O SHRI PREM SINGH, AGED
ABOUT 28 YEARS, OCCUPATION:
CONSTABLE(GD) ROLL NO. 2078813 POSTED AT
Signature Not Verified
Signed by: APARNA TIWARI
Signing time: 9/19/2022
2:27:19 PM
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PRESENT 23RD BATTALION, S.A.F. BHOPAL M.P.
(MADHYA PRADESH)
8. RAJENDRA MEWADA S/O SHRI PRABHULAL,
AGED ABOUT 26 YEARS, OCCUPATION:
CONSTABLE(GD) ROLL NO. 21030148 POSTED AT
PRESENT 23RD BATTALION, S.A.F. BHOPAL M.P.
(MADHYA PRADESH)
9. KRISHNAPAL S/O SHRI LAXMINARAYAN, AGED
ABOUT 25 YEARS, OCCUPATION:
CONSTABLE(GD) ROLL NO. 20682355 POSTED AT
PRESENT 23RD BATTALION, S.A.F. BHOPAL M.P.
(MADHYA PRADESH)
10. MANOJ TOMAR S/O KACHRA LAL, AGED
ABOUT 26 YEARS, OCCUPATION:
CONSTABLE(GD) ROLL NO. 20782687 POSTED AT
PRESENT 23RD BATTALION, S.A.F. BHOPAL M.P.
(MADHYA PRADESH)
11. PUSHPENDRA RAJAK S/O SHRI MUKUNDILAL
RAJAK, AGED ABOUT 28 YEARS, OCCUPATION:
CONSTABLE(GD) ROLL NO. 20584987 POSTED AT
PRESENT 25TH BATTALION, S.A.F. BHOPAL M.P.
(MADHYA PRADESH)
12. MANOJ RAJPUT S/O SHRI LAXMI PRASAD,
AGED ABOUT 30 YEARS, OCCUPATION:
CONSTABLE(GD) ROLL NO. 20694027 POSTED AT
PRESENT 7TH BATTALION, S.A.F. BHOPAL M.P.
(MADHYA PRADESH)
13. SAMEER MOHAMMAD S/O SHRI AZAD
MOHAMMAD, AGED ABOUT 27 YEARS,
OCCUPATION: CONSTABLE(GD) ROLL NO.
20715775 POSTED AT PRESENT 7TH BATTALION,
S.A.F. BHOPAL M.P. (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI DHARMENDRA PATEL, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY HOME DEPARTMENT
VALLABH BHAWAN, BHOPAL M.P. (MADHYA
PRADESH)
2. DIRECTOR GENERAL OF POLICE, POLICE
HEAD QUARTER S JAHANGIRABAD BHOPAL
(M.P.) (MADHYA PRADESH)
Signature Not Verified
Signed by: APARNA TIWARI
Signing time: 9/19/2022
2:27:19 PM
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3. ADDITIONAL DIRECTOR GENERAL OF POLICE
(SELECTION), POLICE HEADQUARTER
JAHANGIRABAD BHOPAL (M.P.) (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI P.K. PANDEY, GOVERNMENT ADVOCATE)
This petition coming on for admission 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 P.K. Pandey, learned Government 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
Signature Not Verified
the respondents No. 2 and 3 to consider the representation of the petitioner as
Signed by: APARNA TIWARI
Signing time: 9/19/2022
2:27:19 PM
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 . If the case of the petitioners is similar
to the case of the appellants in Civil Appeal No.7663/2021, then similar benefits
be extended to the petitioners herein.
With the aforesaid, the petition is finally disposed of.
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
AT
Signature Not Verified
Signed by: APARNA TIWARI
Signing time: 9/19/2022
2:27:19 PM
