Sur Singh Solanki vs The State Of Madhya Pradesh
2023 Latest Caselaw 1836 MP

                                                         1
                          IN    THE      HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE ANAND PATHAK
                                           ON THE 1 st OF FEBRUARY, 2023
                                           WRIT PETITION No. 1911 of 2023

                         BETWEEN:-
                         1.    SUR SINGH SOLANKI S/O JAGLA SOLANKI, AGED
                               ABOUT 33 YEARS, OCCUPATION: CONSTABLE
                               DRIVER MT PHOOL 25TH BN SAF BHOPAL ROLL
                               NO. 21051688 BHOPAL (MADHYA PRADESH)

                         2.    DINESH KUMAR DEKATE S/O KAPURCHAND
                               DEKATE, AGED ABOUT 33 YEARS, OCCUPATION:
                               CONSTABLE GD 35TH BN SAF MANDLA ROLL NO
                               24056783 DISTRICT MANDLA (MADHYA PRADESH)

                         3.    DEEPU YADAV S/O GAJRAJ YADAV, AGED ABOUT
                               30 YEARS, OCCUPATION: CONSTABLE DRIVER
                               8TH BN SAF CHHINDWARA ROLL NO 24319262
                               DISTRICT CHHINDWARA (MADHYA PRADESH)

                                                                                   .....PETITIONERS
                         (BY SHRI P.K.SANGER- ADVOCATE )

                         AND
                         1.    THE STATE OF MADHYA PRADESH THROUGH
                               THE     PRINCIPAL  SECRETARY    HOME
                               DEPARTMENT MANTRALAYA VALLABH BHAWAN
                               BHOPAL (MADHYA PRADESH)

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

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

                                                                                 .....RESPONDENTS
                         (BY SMT.SHRADDHA TIWARI- PANEL LAWYER)

                               This petition coming on for admission this day, th e court passed the
Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 2/1/2023
6:36:31 PM
                                                                2
                         following:
                                                               ORDER

Learned counsel for the petitioners submits that the representation of the subject matter of this petition is pending before the respondents No.1, 2 and 3. They have also drawn attention of this Court to 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.

Under the circumstances, the petition is disposed of with a request to the respondents Nos.2 and 3 to consider the representation of the petitioners 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.

Signature Not Verified (ANAND PATHAK) Signed by: RAVIKANT KEWAT Signing time: 2/1/2023 6:36:31 PM

JUDGE rk.

Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 2/1/2023 6:36:31 PM