Shivani Mishra vs The State Of Madhya Pradesh
2023 Latest Caselaw 7017 MP

                                                                    1
                                        IN    THE     HIGH COURT OF MADHYA PRADESH
                                                           AT JABALPUR
                                                                 BEFORE
                                                   HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                            ON THE 1 st OF MAY, 2023
                                                        WRIT PETITION No. 9838 of 2023

                                       BETWEEN:-
                                       1.

SHIVANI MISHRA D/O SHRI UMASHANKAR MISHRA, AGED ABOUT 24 YEARS, OCCUPATION: STUDENT R/O VILLAGE AND POST KARRAPUR TAHSIL AND DISTRICT SAGAR (MADHYA PRADESH)

2. AJIT TIWARI S/O SHRI PARAM LAL TIWARI, AGED ABOUT 24 YEARS, OCCUPATION: STUDENT R/O KATRA DISTRICT PANNA ROLL NO. 23290890 (MADHYA PRADESH)

3. NARESH KUMAR RAJPOOT S/O SHRI MAKHAN SINGH, AGED ABOUT 33 YEARS, OCCUPATION: SERVICE R/O WARD NO. 9 MUBARIKPUR NARWAR DISTRICT SHIVPURI AT PRESENT R/O TRIBAL HOSTEL MANDLA ROLL NO. 22646899 (MADHYA PRADESH)

4. NARMADA PRASAD YADAV S/O SHRI UMASHANKAR YADAV, AGED ABOUT 34 YEARS, OCCUPATION: TEACHER R/O VILLAGE KUMNI KHURD SIHORA DISTRICT JABALPUR ROLL NO. 22728220 (MADHYA PRADESH)

5. JAIPAL SINGH S/O SHRI GOVIND SINGH, AGED ABOUT 33 YEARS, OCCUPATION: STUDENT R/O JALALPUR ASHOKNAGAR AT PRESENT R/O MORGANJ DAMOH ROLL NO. 23198355 (MADHYA PRADESH)

6. ANKIT YADAV S/O SHRI GOVIND SINGH YADAV, AGED ABOUT 25 YEARS, OCCUPATION: STUDENT R/O VILLAGE NAGESHRI POST TUMEN ASHOKNAGAR AT PRESENT R/O YADAV COLONY TEHSIL ROAD SAGAR ROLL NO. 23315169 Signature Not Verified SAN (MADHYA PRADESH)

Digitally signed by VAIBHAV YEOLEKAR Date: 2023.05.02 10:31:08 IST 7. PRAVEEN SONI S/O SHRI KRISHN SONI, AGED ABOUT 24 YEARS, OCCUPATION: STUDENT R/O

WARD NO. 02 TAYDE COLONY EXCHANGE KE PASS ASHOKNAGAR AT PRESENT R/O BADA BAZAR CHAKRAGHAR SAGAR ROLL NO. 22898883 (MADHYA PRADESH)

8. PRIYANKA DEVI AHIRWAR D/O SHRI JASRATH SINGH AHIRWAR, AGED ABOUT 23 YEARS, OCCUPATION: STUDENT R/O ASHOK NAGAR AT PRESENT R/O LALMATI SHITLAMAI WARD JABALPUR ROLL NO. 22614601 (MADHYA PRADESH)

9. VIJAY SINGH VERMA S/O SHRI HEERALAL VERMA, AGED ABOUT 33 YEARS, OCCUPATION: SERVICE R/O VILLAGE MADORI TEHSIL NARSINGARH DISTRICT RAJGARH AT PRESENT R/O C-2 507, 25TH BATTALION BHADBHADA ROAD BHOPAL ROLL NO. 22719528 (MADHYA PRADESH)

10. NITIN YADAV S/O SHRI RAM SINGH YADAV, AGED ABOUT 32 YEARS, OCCUPATION: STUDENT R/O NEAR KOPAL SCHOOL S-40 NEHRU NAGAR HUZUR C.T.T. NAGAR BERASIA BHOPAL ROLL NO. 23210108 (MADHYA PRADESH)

11. BRAJESH VISHWAKARMA S/O SHRI RAMDAYAL VISHWAKARMA, AGED ABOUT 35 YEARS, OCCUPATION: SERVICE R/O TIMRAWAN RAISEN ROLL NO. 22653407 (MADHYA PRADESH)

12. SOURABH SINGH THAKUR S/O SHRI GOVERDHAN SINGH THAKUR, AGED ABOUT 26 YEARS, OCCUPATION: STUDENT R/O PATHARI VIDISHA AT PRESENT R/O RANGRAJ GHAT MANDLA ROLL NO. 23209084 (MADHYA PRADESH)

13. ROHIT CHOUDHARY S/O SHRI MAHESH CHOUDHARY, AGED ABOUT 32 YEARS, OCCUPATION: STUDENT R/O UDAYNAGAR DEWAS AT PRESENT R/O KOLAR ROAD BHOPAL ROLL NO. 22598295 (MADHYA PRADESH)

14. RANJEET SINGH YADAV S/O SHRI DEVAN SINGH YADAV, AGED ABOUT 25 YEARS, OCCUPATION: SERVICE MALIYAKHEDI GUNA AT PRESENT R/O KOTWALI JABALPUR ROLL NO. 22757845 (MADHYA PRADESH) Signature Not Verified

15. SONU PARIHAR S/O SHRI KALICHARAN PARIHAR, SAN

Digitally signed by VAIBHAV YEOLEKAR AGED ABOUT 28 YEARS, OCCUPATION: SERVICE Date: 2023.05.02 10:31:08 IST R/O VILLAGE ANANTPUR KOLARAS DISTRICT SHIVPURI AT PRESENT R/O BADA BAZAR

MANDLA ROLL NO. 22757794 (MADHYA PRADESH)

16. MOHINI DUME D/O SHRI RAJENDRA PRASAD DUME, AGED ABOUT 26 YEARS, OCCUPATION: SERVICE R/O VILLAGE KARAHI DISTRICT SHIVPURI AT PRESENT R/O NEAR BUS STAND MANDLA ROLL NO. 22813178 (MADHYA PRADESH)

17. AMIT LODHI S/O SHRI VAIJNATH LODHI, AGED ABOUT 24 YEARS, OCCUPATION: STUDENT R/O GUDMANIYA POST PATNA KLA DISTRICT PANNA ROLL NO. 23120251 (MADHYA PRADESH)

18. NEERAJ AHIRWAR S/O SHRI BHARAT AHIRWAR, AGED ABOUT 26 YEARS, OCCUPATION: STUDENT R/O TIKURIYA MUHALLA PANNA ROLL NO. 23122589 (MADHYA PRADESH)

19. SHAILENDRA SINGH RATHORE S/O SHRI MOOLCHAND RATHORE, AGED ABOUT 24 YEARS, OCCUPATION: SERVICE R/O VILLAGE AND POST MURAWALI TEHSIL LAHAR DISTRICT BHINA AT PRESENT R/O VILLAGE DULAHRI KERKELI DISTRICT UMARIA ROLL NO. 22698858 (MADHYA PRADESH)

20. RASHMI SONI D/O SHRI KANCHHADI LAL SONI, AGED ABOUT 38 YEARS, OCCUPATION: SERVICE R/O FUTERA WARD NO. 2 DISTRICT DAMOH ROLL NO. 22770976 (MADHYA PRADESH)

.....PETITIONERS (BY SHRI RAMESHWAR SINGH THAKUR - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH ITS PRINCIPAL SECRETARY SCHOOL EDUCATION DEPARTMENT R/O VALLABH BHAWAN MANTRALAYA BHOPAL (MADHYA PRADESH)

2. COMMISSIONER PUBLIC INSTRUCTION GAUTAM NAGAR BHOPAL (MADHYA PRADESH)

3. COMMISSIONER/ASST. COMMISSIONER TRIBAL WELFARE DEPARTMENT BHOPAL DISTRICT Signature Not Verified SAN BHOPAL (MADHYA PRADESH)

Digitally signed by VAIBHAV YEOLEKAR Date: 2023.05.02 10:31:08 IST 4. PROFESSIONAL EXAMINATION BOARD THROUGH ITS DIRECTOR CHAYAN BHAWAN

MAIN ROAD NO. 1 CHINAR PARK (EAST) 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 Petitioners' contention is that their case is squarely covered by the decision dated 19/04/2023 passed in Writ Petition No.8479/2023, wherein placing reliance on the judgment of the Supreme Court in Civil Appeal No. 7663/2021 Praveen Kumar Kurmi Vs. The State of Madhya Pradesh and others, the coordinate Bench had directed to consider the grievance of the petitioner. It is submitted that order passed by the Coordinate Bench shall apply mutatis mutandis to the facts of the present case also.

This question is not disputed by Shri Manas Mani Verma, Government Advocate.

Accordingly, this petition is disposed of in the same terms and it is held that order of Coordinate Bench dated 19/04/2023, passed in Writ Petition No.8479/2023 shall apply mutatis mutandis to the facts of the present case also.

In above terms, the petition is disposed of.

(VIVEK AGARWAL) JUDGE vy

Signature Not Verified SAN

Digitally signed by VAIBHAV YEOLEKAR Date: 2023.05.02 10:31:08 IST