Sunil Sen vs The State Of Mp
2023 Latest Caselaw 4378 MP

                                                                         1
                                        IN     THE      HIGH COURT OF MADHYA PRADESH
                                                             AT JABALPUR
                                                                  BEFORE
                                                    HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                            ON THE 20 th OF MARCH, 2023
                                                           WRIT PETITION No. 6027 of 2023

                                       BETWEEN:-
                                       SUNIL SEN S/O SHRI PURUSHOTTAM LAL SEN, AGED
                                       ABOUT 35 YEARS, OCCUPATION: CONSTABLE (NAAI)
                                       ROLL NO. 24208082 ALLOTTED UNIT 10TH BATTALION
                                       SAGAR (MADHYA PRADESH)

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

                                       AND
                                       1.    THE STATE OF MP THROUGH PRINCIPAL
                                             SECERETARY HOME DEPATMENT VALLBAH
                                             BHAVAN BHOPAL (MAHARASHTRA)

                                       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
                                             ( S E L E C T I O N ) POLICE HEADQUARTERS
                                             JAHANGIRABAD BHOPAL (MADHYA PRADESH)

                                                                                                   .....RESPONDENTS
                                       (BY SHRI MANAS MANI VERMA - 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. Signature Not Verified SAN

He has also drawn attention of this Court to Annexure-P/3 at page No.17 which Digitally signed by VAIBHAV YEOLEKAR

is the order passed by the Supreme Court in Civil Appeal No.7663/2021 Date: 2023.03.21 20:15:11 IST

(Praveen Kumar Kurmi vs. The State 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.

Shri Manas Mani Verma, learned Government Advocate while taking this Court to paragraph 4 of the writ petition submits that the cause suffers from delay and laches inasmuch as, after decision in Civil Appeal No.7663/2021

(Praveen Kumar Kurmi vs. The State of M.P. and Ors.), the petitioner has filed this petition, therefore, there is a futile attempt by the petitioner to revive a stale claim.

Under the circumstances, the petition is disposed of with a direction to the respondents No. 2 and 3 to consider the representation of the petitioner as well as objection raised by the respondents, 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 made any observations on the merits of the case and the said representation be decided strictly in accordance Signature Not Verified SAN

with law uninfluenced by the observations of this Court. Digitally signed by VAIBHAV YEOLEKAR Date: 2023.03.21 20:15:11 IST

Certified copy as per rules.

(VIVEK AGARWAL) JUDGE vy

Signature Not Verified SAN

Digitally signed by VAIBHAV YEOLEKAR Date: 2023.03.21 20:15:11 IST