Nitesh Pawar vs The State Of Madhya Pradesh
2023 Latest Caselaw 12734 MP

                              1


IN THE HIGH COURT OF MADHYA PRADESH
            AT JABALPUR
                        BEFORE
     HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
               ON THE 8th OF AUGUST, 2023
                 WRIT PETITION No. 19065 of 2023

BETWEEN:-

NITESH PAWAR S/O SHRI JAGDISH PAWAR,
AGED ABOUT 27 YEARS, OCCUPATION:
CONSTABLE ( GD) ROLL NO 23662456 ALLOTTED
UNIT S P DISTRICT BURHANPUR DISTRICT
BURHANPUR DISTRICT BURHANPUR DISTT
BURHANPUR (MADHYA PRADESH)
                                                      .....PETITIONER
(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)    P.H.Q.
      JAHANGIRABAD,   BHOPAL  (MADHYA
      PRADESH)
                                                   .....RESPONDENTS
(BY SHRI SWAPNIL GANGULY - DEPUTY ADVOCATE GENERAL)

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

1. This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs :-

      i)     To call for the relevant record.
      ii)    To issue writ in the nature of certiorari to quash the merit list its

relates with the petitioner and further be pleased to writ of mandamus to direct the respondent to issue a fresh merit list by considering the preference given by the petitioner within their respective category and allot the post and seat as per preference given in application.

iii) To issue writ in the nature of mandamus to direct the respondents to give appointment to the petitioner in District Force, S.P. District Neemuch (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 petitioners for allotment of Unit as per preference given by the petitioner in the light of order passed by the Hon'ble Apex couert 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.

2. It is submitted by the counsel for the petitioner that this petition is duly covered by order passed by this Court in the case of Pawan Vaishnav

Vs. State of M.P. decided on 12.9.2022 in W.P.No.10550/2022 (Gwalior Bench) and other identical orders passed by the coordinate Benches.

3. Counsel for the respondents could not controvert the submissions made by counsel for the petitioner.

4. Heard the learned counsel for the parties.

5. This Court in the case of Pawan Vaishnav (supra) has passed the following order :-

"This petition under Article 226 of the Constitution of India has been filed seeking following reliefs :

I. to call for the relevant record.

II. to quash the merit list its relates with the petitioners and further be pleased to direct the respondents to issue a fresh merit list by 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/S.B. 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) IV. 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 petitioner.

It is submitted by the counsel for the petitioners that the Co-ordinate Benches of this Court had directed the respondents to decide the representation in the light of the judgment passed by the Supreme Court in the case of Praveen Kumar Kurmi vs. State of Madhya Pradesh and Others decided on 24th February, 2022 in Civil Appeal No. 7663/2021. To buttress his contention, the counsel for the petitioners has also relied upon the order dated 20th

June, 2022 passed by Co-ordinate Bench of this Court in the case of Sandeep Kumar Sahu and Others vs. State of M.P. and Others in WP No. 10926 of 2022 (Principal Seat).

Per contra, it is submitted by the counsel for the respondents that as present they don't have any instructions.

Heard learned counsel for the parties.

It is submitted by counsel for the petitioners that the petitioners may be granted liberty to file a representation for redressal of their grievances and the respondents may be directed to decide their representation in accordance with law.

In view of the innocuous prayer made by the petitioners, this petition is disposed of with liberty to the petitioners to make a fresh representation pointing out their grievances and entitlement.

In case such a representation is made, then the respondents shall decide the same by passing a speaking order within a period of two months from the date of receipt of the representation as well as the certified copy of this order.

It is needless to mention that since this Court has not considered the merits of the case, therefore, the representation shall be decided strictly in accordance with law without getting prejudiced or influenced by this order.

6. Accordingly, this petition is also disposed of in terms and conditions of the order passed by this Court in the case of Pawan Vaishnav (supra).

(G.S. AHLUWALIA) JUDGE

HEMANT SARAF 2023.08.11 15:26:56 +05'30'

HS