Sumit Prajapati vs The State Of Madhya Pradesh
2023 Latest Caselaw 1838 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. 1906 of 2023

                         BETWEEN:-
                         SUMIT PRAJAPATI S/O SHRI MALCHAND, AGED ABOUT
                         33 YEARS, OCCUPATION: GOVERNMENT JOB R/O
                         JAYANTI BAI VIDYA MANDIR, SCHOOL, MOHAN GIRI,
                         GALI NO. 2 WARD NO. 20, VIDISHA (MADHYA PRADESH)

                                                                                        .....PETITIONER
                         (BY SHRI ANKIT SAXENA - ADVOCATE)

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

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

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

                                                                                     .....RESPONDENTS
                         (BY SHRI RAJESHWAR RAO - GOVERNMENT ADVOCATE)

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

Learned counsel for the petitioner 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 the order passed by the Supreme Court in Civil Appeal No.7663/2021 (Praveen Kumar Kurmi vs. The State Signature Not Verified Signed by: POONAM MANEKAR Signing time: 2/1/2023 6:10:22 PM

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 petitioner is similar to the case of the appellants in Civil Appeal No.7663/2021, then similar benefits be extended to the petitioner 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.

(ANAND PATHAK) JUDGE pnm

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 2/1/2023 6:10:22 PM