Deepesh Thakur vs The State Of Madhya Pradesh
2023 Latest Caselaw 5551 MP

                                      1
 IN     THE        HIGH COURT OF MADHYA PRADESH
                        AT JABALPUR
                             BEFORE
               HON'BLE SHRI JUSTICE ANAND PATHAK
                         ON THE 5 th OF APRIL, 2023
                      WRIT PETITION No. 7697 of 2023

BETWEEN:-
DEEPESH THAKUR S/O SHRI NIRBHAY SINGH, AGED
ABOUT 28 YEARS, OCCUPATION: CONSTABLE (DRIVER)
ROLL NO. 23730908 , POSTED AT PRESENT MT ( POOL)
BHOPAL R/O GRAM AND POST SATTADHANA DISTRICT
SAGAR (MADHYA PRADESH)

                                                           .....PETITIONER
(BY SHRI DHARMENDRA PATEL- ADVOCATE)

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

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

3.    ADDITIONAL DIRECTOR GENERAL OF POLICE
      (SELECTION)  P.H.Q, JAHAGIRABAD, BHOPAL
      (MADHYA PRADESH)

                                                        .....RESPONDENTS
(BY SHRI LALIT JOGLEKAR - GOVERNMENT ADVOCATE)

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

The petitioner has preferred this petition under Article 226 of the Constitution of India seeking the following relief :-

"I. to call for the relevant record.

II. to quash the merit list its relates with the petitioner and further be pleased to direct the respondents to issue a fresh merit list b y 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/ SB/ (as per preference given in choice filling) 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) CIVIL APPEAL NO.

7663/2021.

IV. To direct the respondent to decide the representation as submitted by the petitioner for allotment of Unit as per preference given by the petitioner in the light of order passed by the Hon'ble Apex Court in the case of Praveen Kumar Kurmi (Supra) CIVIL APPEAL NO. 7663/2021.

V . 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."

At the outset learned counsel for the petitioners referred the order passed by the Hon'ble Supreme Court in Civil Appeal No. 7663/2021 (Praveen Kumar Kurmi Vs. State of M.P. and others) and submitted that the Apex Court in the case of a similarly situated candidate held that a person from

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 vis-a-vis a candidate who may be placed below him.

I t is further submitted that representation (Annexure P/8) has been preferred in this regard. He is seeking consideration over the same through this petition. He is also ready to prefer fresh representation in support of his submissions.

Counsel for the respondent/ State opposed the prayer on the point of delay and laches but fairly submitted that if any representation is submitted by the petitioner then the same shall be taken care of as per law on its own merits.

Considering the submissions advanced by the learned counsel for the parties, this petition is disposed of with direction to the petitioner to prefer fresh representation before the competent authority/ respondents as per law and if any such representation is preferred then the same shall be taken care of by the said authority/ respondents by passing a reasoned and speaking order in view of the judgment passed in the case of Praveen Kumar Kurmi (Supra) at an expeditious note.

Accordingly, the petition stands disposed of.

(ANAND PATHAK) JUDGE Vikram

VIKRAM SINGH 2023.04.06 10:59:00 +05'30'