Akhalesh vs State Of M.P.
2023 Latest Caselaw 2789 MP

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 IN    THE      HIGH COURT OF MADHYA PRADESH
                     AT JABALPUR
                           BEFORE
             HON'BLE SHRI JUSTICE ANAND PATHAK
                  ON THE 15 th OF FEBRUARY, 2023
                  WRIT PETITION No. 2583 of 2023

BETWEEN:-
1.    AKHALESH S/O RAM BARAN, AGED ABOUT 33
      YE A R S , OCCUPATION: CONSTABLE (DRIVER)
      ROLL NO. 24371111, ALLOTTED UNIT M.T.
      BHOPAL, DISTT. BHOPAL (MADHYA PRADESH)

2.    PRAHALAD S/O BALARAM, AGED ABOUT 33
      YE A R S , OCCUPATION: CONSTABLE (DRIVER)
      ROLL NO. 24092914, AGED ABOUT 33 YEARS,
      ALLOTED UNIT M.T. POOL BHOPAL DISTRICT
      BHOPAL (MADHYA PRADESH)

3.    SATISH KUMAR S/O BALA PRASAD, AGED ABOUT
      32 YEARS, OCCUPATION: CONSTABLE (DRIVER)
      ALLOTTED UNIT 7TH BATTALION S.A.F. BHOPAL,
      DISTT. BHOPAL (MADHYA PRADESH)

                                                          .....PETITIONERS
(BY SHRI D.K. TRIPATHI - ADVOCATE )

AND
1.    STATE  OF   M.P.  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 DILIP SINGH PARIHAR - PANEL LAWYER FOR THE
RESPONDENT/ STATE)

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

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

"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/ SB/ (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 Court 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."

At the outset learned counsel for the petitioners 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.

It is further submitted that an undated representation (Annexure P/8) has been 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 petitioners 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 Vikram

VIKRAM SINGH 2023.02.16 10:40:27 +05'30'