Harinarayan Kurmi vs The State Of Madhya Pradesh
2023 Latest Caselaw 1448 MP

                                                                    1
                                         IN    THE     HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                                 BEFORE
                                                   HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                         ON THE 25 th OF JANUARY, 2023
                                                        WRIT PETITION No. 26585 of 2022

                                        BETWEEN:-
                                        1.

HARINARAYAN KURMI S/O GHASI RAM PATEL, AGED ABOUT 34 YEARS, OCCUPATION: CONSTABLE GD ROLL NO. 786612 8TH BN SAF CHHINDWARA (M.P.) (MADHYA PRADESH)

2. MURLIDHAR TEMBHARE S/O MODULAL, AGED ABOUT 35 YEARS, OCCUPATION: CONSTABLE GD 8TH BN SAF CHHINDWARA ROLL NO. 515850 (MADHYA PRADESH)

3. CHHABHISHYAM TEMBHARE S/O REKHANLAL, AGED ABOUT 34 YEARS, OCCUPATION: CONSTABLE GD 36TH BN SAF BALAGHAT ROLL NO. 518010 (MADHYA PRADESH)

4. MAHENDRA PATEL S/O MOTILAL PATEL, AGED ABOUT 33 YEARS, OCCUPATION: CONSTABLE GD 9TH BN SAF REWA ROLL NO. 407975 (MADHYA PRADESH)

5. RAMPRAKASH AMULEY S/O BHAGCHAND AMULEY, AGED ABOUT 30 YEARS, OCCUPATION: CONSTABLE GD 36TH BN SAF BALAGHAT ROLL NO. 514404 (MADHYA PRADESH)

6. SANTKUMAR CHANDRAWANSHI S/O GOVA PRASAD, AGED ABOUT 35 YEARS, OCCUPATION: CONSTABLE GD 8TH BN SAF CHHINDWARA ROLL NO. 809764 (MADHYA PRADESH)

7. JITENDRA JAITWAR S/O NANDKISHOR JAITWAR, AGED ABOUT 34 YEARS, OCCUPATION: CONSTABLE GD 36TH BN SAF BALAGHAT ROLL NO. 51345 (MADHYA PRADESH) Signature Not Verified

8. SACHIN LODHI S/O NARESH LODHI, AGED ABOUT SAN

Digitally signed by ASHWANI PRAJAPATI 30 YEARS, OCCUPATION: CONSTABLE GD 23RD Date: 2023.01.31 10:41:29 IST BN SAF BHOPAL ROLL NO. 753241 (MADHYA PRADESH)

9. AJAY MANDALWAR S/O MADANLAL MANDALWAR, AGED ABOUT 30 YEARS, OCCUPATION: CONSTABLE GD 36TH BN SAF BALAGHAT ROLL NO. 120697 (MADHYA PRADESH)

10. RAJESH KUMAR SAHU S/O RAMCHARAN SAHU, AGED ABOUT 31 YEARS, OCCUPATION: CONSTABLE GD 6TH BN SAF JABALPUR ROLL NO. 806052 (MADHYA PRADESH)

11. RAJKUMAR VERMA S/O SHRI VISHRAM VERMA, AGED ABOUT 30 YEARS, OCCUPATION: CONSTABLE GD 8TH BN SAF CHHINDWARA ROLL NO. 184182 (MADHYA PRADESH)

12. ARJUN SINGH JANGHEL S/O KISHANLAL JANGHEL, AGED ABOUT 30 YEARS, OCCUPATION: CONSTABLE GD 6TH BN SAF JABALPUR ROLL NO. 462049 (MADHYA PRADESH)

13. SANJAY BAHESHWAR S/O DILERAM BAHESHWAR, AGED ABOUT 30 YEARS, OCCUPATION: CONSTABLE GD 8TH BN SAF CHHINDWARA ROLL NO. 187453 (MADHYA PRADESH)

14. RAGHVENDRA VISHWAKARMA S/O BANMALI PRASAD, AGED ABOUT 31 YEARS, OCCUPATION: CONSTABLE GD 25TH BN SAF BHOPAL ROLL NO. 587783 (MADHYA PRADESH)

15. KAMLESH MAYWAD S/O NAMDEO MAYWAD, AGED ABOUT 36 YEARS, OCCUPATION: CONSTABLE GD 9TH BN SAF REWA ROLL NO. 665062 (MADHYA PRADESH)

16. SHARWAK KURMI S/O CHHOTELAL KURMI, AGED ABOUT 36 YEARS, OCCUPATION: CONSTABLE GD 6TH BN SAF JABALPUR ROLL NO. 503186 (MADHYA PRADESH)

17. LAL VIKRAM S/O SURENDRA, AGED ABOUT 34 YEARS, OCCUPATION: CONSTABLE GD 9TH BN SAF REWA ROLL NO. 453449 (MADHYA PRADESH)

18. JASMANT MADURIYA S/O RAMSWAROOP Signature Not Verified SAN MADURIYA, AGED ABOUT 30 YEARS, OCCUPATION: CONSTABLE GD 35TH BN SAF Digitally signed by ASHWANI PRAJAPATI Date: 2023.01.31 10:41:29 IST MANDLA ROLL NO. 394231 (MADHYA PRADESH)

19. SANDEEP KUMAR MAJHI S/O BABULAL MAJHI, AGED ABOUT 38 YEARS, OCCUPATION: GD 35TH BN SAF MANDLA ROLL NO. 770112 (MADHYA PRADESH)

20. KANHAIYA SAHU S/O SHRI DHANIRAM SAHU, AGED ABOUT 28 YEARS, OCCUPATION: CONSTABLE GD 8TH BAN SAF CHHINDWARA ROLL NO. 807592 (MADHYA PRADESH)

.....PETITIONERS (BY SHRI PAWAN KUMAR SINGH SENGAR - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH THE PRINCIPAL SECREARY HOME DEPARTMENT MANTRALAYA VALLABH BHAWAN, BHOPAL (M.P.) (MADHYA PRADESH)

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

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

.....RESPONDENTS (BY SHRI SHIVAM HAZARI - PANEL LAWYER)

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

ORDER Petitioners' case is that they were candidates for selection to the post of Constable/Head Constable (Computer) and A.S.I. (Computer) for which

recruitment was initiated by the respondents.

2. Petitioners' grievance is that overlooking their merits, they were given appointment at SAF and under similar facts and circumstances, Hon'ble Signature Not Verified SAN Supreme Court vide order dated 24.02.2022 passed in Civil Appeal Digitally signed by ASHWANI PRAJAPATI Date: 2023.01.31 10:41:29 IST 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 petitioners make a fresh representation within fifteen days from today, raising their grievance raised herein, then the respondents No. 2 and 3 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.

(VIVEK AGARWAL) JUDGE A.Praj.

Signature Not Verified SAN

Digitally signed by ASHWANI PRAJAPATI Date: 2023.01.31 10:41:29 IST