Gangaram Vishwakarma vs The State Of Madhya Pradesh
2023 Latest Caselaw 6299 MP

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                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE ANAND PATHAK
                                                ON THE 19 th OF APRIL, 2023
                                             WRIT PETITION No. 30195 of 2022

                           BETWEEN:-
                           GANGARAM VISHWAKARMA S/O SHRI DHANIRAM,
                           AGED ABOUT 28 YEARS, OCCUPATION: SERVICE ROLL
                           NO. 24150101 POST APPLID CONSTABLE 10TH
                           BATTALION S.A.F. SAGER M.P. PRESENTLY POSTED AS
                           FIRST CORPS STATE INDUSTRIAL POLICE REWA
                           VILLSGE BHATLO, R/O VILLAGE AND POST NOHTA
                           WARD NO. 3 TAHSIL JABERA DISTRICT DAMOH MP.
                           (MADHYA PRADESH)

                                                                                      .....PETITIONER
                           (BY SHRI V.B. DUBEY - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                 PRINCIPAL SECRETARY HOME DEPARTMENT
                                 VILLAGE BHAWAN BHOPAL M.P. (MADHYA
                                 PRADESH)

                           2.    DIRECTOR       GENERAL    OF  POLICE, POLICE
                                 H EA D Q U A R TER S JAHANGIRABAD,   BHOPAL
                                 (MADHYA PRADESH)

                           3.    ADDITIONAL DIRECTOR GENERAL OF POLICE,
                                 POLICE      HEADQUARTERS JAHANGIRABAD,
                                 BHOPAL (MADHYA PRADESH)

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

                                                                                   .....RESPONDENTS
                           (BY SHRI LALIT JOGLEKAR - GOVERNMENT ADVOCATE AND SHRI
                           VIJAYENDRA SINGH CHOUDHARY - RESPONDENT NO.4)

                                 This petition coming on for admission this day, th e court passed the
Signature Not Verified
Signed by: APARNA TIWARI
Signing time: 4/21/2023
10:09:42 AM
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                           following:
                                                                     ORDER

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

"I. This Hon'ble Court may kindly be pleased to call for the entire record pertaining to the instant subject matter only with respect to the present petitioner for kind perusal and ready reference of this Hon'ble Court.

II. This Hon'ble Court may kindly be pleased to issue direction to the respondents to consider & decided the representations of the petitioner contained in Annexure-P/7 by a speaking & reasoned order

keeping in view the documents contained in Annexure-P/5 & P/6 by applying the principles of party under law within a time of bound schedule, in the interest of justice.

III. Any other relief which deems fit and proper looking to facts and circumstances of the case may also be awarded in favour of the petitioner, in the interest of justice."

At the outset learned counsel for the petitioner 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/7) has been Signature Not Verified Signed by: APARNA TIWARI Signing time: 4/21/2023 10:09:42 AM

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 AT

Signature Not Verified Signed by: APARNA TIWARI Signing time: 4/21/2023 10:09:42 AM