Adarsh Kumar Pandey vs The State Of Madhya Pradesh
2023 Latest Caselaw 2247 MP

                                                                         1
                                            IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                                  BEFORE
                                                    HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                          ON THE 8 th OF FEBRUARY, 2023
                                                          WRIT PETITION No. 1637 of 2023

                                       BETWEEN:-
                                       ADARSH KUMAR PANDEY S/O SHRI ANIL KUMAR
                                       PANDEY, AGED ABOUT 21 YEARS, OCCUPATION:
                                       TRAINEE OF SAF VILLAGE SHIVRAJPUR DISTRICT
                                       SATNA (MADHYA PRADESH)

                                                                                                     .....PETITIONER
                                       (BY SHRI VINAY PRATAP SINGH - 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
                                             HEADQUARTERS DISTRICT BHOPAL (MADHYA
                                             PRADESH)

                                       3.    THE    MADHYA   PRADESH     PROFESSIONAL
                                             EXAMINATION        BOARD, THROUGH     ITS
                                             SECR ETARY CHAYAN BHAWAN, MAIN ROAD
                                             NO.1, CHINAR PARK (EAST) BHOPAL (MADHYA
                                             PRADESH)

                                                                                                  .....RESPONDENTS
                                       (BY SHRI SOURABH SONI - PANEL LAWYER)

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

Signature Not Verified SAN Petitioner's case is that he was a candidate for selection to the post of

Digitally signed by PUSHPENDRA PATEL Constable/Constable (GD) for which recruitment was initiated by the Date: 2023.02.10 11:48:13 IST

respondents.

2. Petitioner's grievance is that overlooking his merit, he was given appointment at SAF and under similar facts and circumstances, Hon'ble Supreme Court vide order dated 24.02.2022 passed in Civil Appeal No.7663/2021 (Praveen Kumar Kurmi Vs. State of M.P. and others), allowed the petition and directed that appellant would be entitled to the first preference of District Police Force with all benefits of pay and seniority of that force from the date he joined the Special Armed Force.

3. It is submitted that this order was delivered by the Supreme Court when grievance was raised by the petitioners that reservation policy is not being

worked out in accordance with the judgment of Supreme Court in Indra Sawhney and another Vs. Union of India and another 1992 Suppl. 3 SCC 2017. It is held that once appellant got selected on merit without being required to avail of the benefit of the reservation, then he should have been allotted concerned post as per his merit de hors the reservation. 4 . In view of said decision of the Supreme Court, this petition can be disposed of with a direction that if petitioner makes a fresh representation within fifteen days from today, raising his grievance, then the concerned respondents shall consider and decide the same, through a speaking order, within further period of sixty days from the date of certified copy of this order being passed today.

5. This Court has not expressed any opinion on the merits of the case.

6. In above terms, petition is disposed of.

Signature Not Verified SAN

Digitally signed by PUSHPENDRA PATEL Date: 2023.02.10 11:48:13 IST (VIVEK AGARWAL) JUDGE

pp

Signature Not Verified SAN

Digitally signed by PUSHPENDRA PATEL Date: 2023.02.10 11:48:13 IST