Ashok Kumar vs The State Of Madhya Pradesh
2023 Latest Caselaw 928 MP

                                                           1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                      BEFORE
                                          HON'BLE SHRI JUSTICE ROHIT ARYA
                                              ON THE 16 th OF JANUARY, 2023
                                              WRIT PETITION No. 142 of 2023

                           BETWEEN:-
                           ASHOK KUMAR S/O SHRI BADSHAH, AGED ABOUT 28
                           YEAR S , OCCUPATION: CONSTABLE (DRIVER) 13TH
                           BATTALION S.A.F. GWALIOR R/O 183, NAYA BUS STAND,
                           T.V. TOWER KE PICHHE WARD NO. 09 LAHAR, BHIND
                           (MADHYA PRADESH)

                                                                                      .....PETITIONER
                           (BY MS. SANGEETA PACHOURI - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH PRINCIPAL
                                 SECRETARY VALLABH BHAWAN BHOPAL (M.P.)
                                 (MADHYA PRADESH)

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

                           3.    ADDITIONAL DIRECTOR GENERAL OF POLICE
                                 ( S E L E C T I O N ) POLICE HEADQUARTERS
                                 JAHANGIRABAD, BHOPAL (MADHYA PRADESH)

                           4.    SECRETARY M.P. KARMCHARI CHAYAN AAYOG
                                 CHAYAN BHAWAN MAIN ROAD NO. 1 CHINAR
                                 PARK (EAST) BHOPAL M.P. (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                           (BY MR. A.K. NIRANKARI - GOVERNMENT ADVOCATE FOR RESPONDENT
                           - STATE AND MR. PRAVEEN KUMAR NEWASKAR - ADVOCATE FOR
                           RESPONDENT NO.4)

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

Signature Not Verified Signed by: BARKHA SHARMA Signing time: 16-01-2023 05:36:20 PM

This petition under Article 226 of the Constitution of India has been filed seeking following reliefs :

"7.1 That, this Hon'ble Court may kindly be pleased to allow the present petition and further prayed that the respondents may kindly be directed to allow the humble petitioner to represent their matters as similarly situated candidates in the case of Praveen Kumar Kurmi Vs. State of Madhya Pradesh and another by the Supreme Court in Civil Appeal No.7663/2021.

7.2 That, the humble petitioner be permitted to be place to a meritorious position as regard the service posts vis a vis the

petitioner be extended similar benefit to that as in the case of Rambabu Sisodiya and others Vs. State of Madhya Pradesh as in Writ Petition No.9861/2022 order passed by this Hon'ble Court at Principal Bench at Jabalpur on the 12th of May, 2022.

7.3 That, any other relief which this Hon'ble Court deemed fit and proper may also be awarded in favour of the petitioner.

7.4 That, the costs of the petition may kindly be awarded."

I t is submitted by the counsel for the petitioner that the Co-ordinate Benches of this Court had directed the respondents to decide the representation in the light of the judgment passed by the Supreme Court in the case of Praveen Kumar Kurmi vs. State of Madhya Pradesh and Others decided on 24th February, 2022 in Civil Appeal No. 7663/2021 . To buttress his contention, the counsel for the petitioner has also relied upon the order dated

20th June, 2022 passed by Co-ordinate Bench of this Court in the case of Signature Not Verified Signed by: BARKHA SHARMA Signing time: 16-01-2023 05:36:20 PM

Sandeep Kumar Sahu and Others vs. State of M.P. and Others in WP No. 10926 of 2022 (Principal Seat).

Per contra, it is submitted by the counsel for the respondents that at present they don't have any instructions.

Heard learned counsel for the parties. It is submitted by counsel for the petitioner that the petitioner may be granted liberty to file a representation for redressal of his grievances and the respondents may be directed to decide his representation in accordance with law.

I n view of the innocuous prayer made by learned counsel for the petitioner, this petition is disposed of with liberty to the petitioner to make a fresh representation pointing out his grievances and entitlement.

In case, such representation is made, then the respondents shall decide the same by passing a speaking order within a period of two months from the date of receipt of the representation as well as the certified copy of this order.

I t is needless to mention that since this Court has not considered the merits of the case, therefore, the representation shall be decided strictly in accordance with law without getting prejudiced or influenced by this order.

(ROHIT ARYA) JUDGE bj/-

Signature Not Verified Signed by: BARKHA SHARMA Signing time: 16-01-2023 05:36:20 PM