Kadar Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 12733 MP

                                                           1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                          BEFORE
                                          HON'BLE SHRI JUSTICE MANINDER S BHATTI
                                                ON THE 22nd OF SEPTEMBER, 2022

                                             WRIT PETITION No. 21530 of 2022

                                   BETWEEN:-
                           1.      KADAR KHAN S/O SHRI GAFUR KHAN, AGED
                                   ABOUT 37 YEARS, OCCUPATION: CONSTABLE
                                   (DRIVER) M.T. POOL, BHOPAL ROLL NO.
                                   24082836 M.T. POOL, BHOPAL, POLICE HEAD
                                   QUARTER, BHOPAL R/O DISTT. BHOPAL
                                   (MADHYA PRADESH)

                           2.      ANAND SINGH S/O SHRI MOHAN SINGH, AGED
                                   ABOUT 36 YEARS, OCCUPATION: CONSTABLE
                                   (DRIVER) M.T. POOL, ROLL NO. 23578305, 23RD
                                   BATTALION,     S.A.F. BHOPAL     (MADHYA
                                   PRADESH)

                                                                                     .....PETITIONERS
                                   (BY SHRI DHARMENDRA PATEL, ADVOCATE )

                                   AND
                           1.      THE 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)

                           3.      ADDITIONAL DIRECTOR GENERAL OF POLICE
                                   (SELECTION)  POLICE   HEAD    QUARTER
                                   JAHANGIRABAD, BHOPAL (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                                   (BY SHRI PRAMOD KUMAR PANDEY, GOVERNMENT ADVOCATE )

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                            ORDER

Signature Not Verified Signed by: SAVITRI PATEL Signing time: 9/23/2022 12:00:38 PM

Learned counsel for the petitioners 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/2 at page No.15 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 petitioners have filed this petition, therefore, there is a futile attempt by the petitioners 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 petitioners 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 . 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.

Signature Not Verified With the aforesaid, the petition is finally disposed of. Signed by: SAVITRI PATEL Signing time: 9/23/2022 12:00:38 PM

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 sp

Signature Not Verified Signed by: SAVITRI PATEL Signing time: 9/23/2022 12:00:38 PM