Vishal Chandravanshi vs The State Of Madhya Pradesh
2022 Latest Caselaw 12736 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. 21279 of 2022

                                BETWEEN:-
                           1.   VISHAL CHANDRAVANSHI S/O SHRI MUKESH
                                CHANDRSVANSHI, AGED ABOUT 26 YEARS,
                                OCCUPATION: CONSTABLE (DRIVER) ROLL NO.
                                24168287 POSTED    AT   PRESENT   23RD
                                BATTALION S.A.F., BHOPAL R/O BHOPAL
                                (MADHYA PRADESH)

                           2.   DILEEP DHAKAR S/O VIJAY SINGH, AGED
                                ABOUT       26       YEARS, OCCUPATION:
                                CONSTABLE(DHOBI)   ROLL NO      24108911,
                                POSTED AT PRESENT 10TH BATTALION S.A.F.,
                                DISTRICT BHOPAL R/O BHOPAL (MADHYA
                                PRADESH)

                           3.   RAHUL SEN S/O CHOKHE LAL SEN, AGED
                                ABOUT        32      YEARS, OCCUPATION:
                                CONSTABLE(NAI) ROLL NO 23705500, ALLOTED
                                UNIT 1ST BATTALION S.A.F., INDORE R/O
                                GRAM AND POST CHHIRARI, POLICE STATION
                                RAHLI, SAGAR (MADHYA PRADESH)

                           4.   SANTOSH YADAV S/O SHRI UMRAV SINGH
                                YADAV, AGED ABOUT 33 YEARS, OCCUPATION:
                                CONSTABLE(DRIVER) M.T. POOL BHOPAL
                                ROLL NO 23623050, POLICE HEADQUARTER
                                BHOPAL BHOPAL (MADHYA PRADESH)

                           5.   ANKIT KUSHWAHA S/O SHRI MUNNA LAL,
                                AGED   ABOUT    30  YEARS, OCCUPATION:
                                CONSTABLE(DRIVER) M.T. POOL BHOPAL
                                ROLL NO 23694562, POLICE HEADQUARTER
                                BHOPAL BHOPAL (MADHYA PRADESH)

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

                                AND
                           1.   THE STATE OF MADHYA PRADESH THROUGH
                                PRINCIPAL SECRETARY HOME DEPARTMENT
Signature Not Verified
Signed by: SAVITRI PATEL
Signing time: 9/23/2022
12:00:38 PM
                                                               2
                                   VALLABH       BHAWAN       BHOPAL       (MADHYA
                                   PRADESH)

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

                           3.      ADDITIONAL DIRECTOR GENERAL OF POLICE,
                                   ( S E L E C T I O N ) , POLICE HEADQUARTERS
                                   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

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/3 at page No.26 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 Signature Not Verified Signed by: SAVITRI PATEL Signing time: 9/23/2022 12:00:38 PM

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.

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 sp

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