Prakash Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 7048 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. 9767 of 2023

                                       BETWEEN:-
                                       1.    PRAKASH SINGH S/O SHRI RAMJI SINGH, AGED
                                             ABOUT 33 YEARS, OCCUPATION: CONSTABLE GD,
                                             ROLL NO. 23663327POSTED AT PRESENT
                                             SUPERINTENDENT OF POLICE MUKHYALAYA
                                             BHOPAL R/O BHOPAL, DISTRICT BHOPAL
                                             (MADHYA PRADESH)

                                       2.    CHANDRA PRAKASH SAHU S/O SHRI DHARM RAJ
                                             SAHU, AGED ABOUT 28 YEARS, OCCUPATION:
                                             CONSTABLE GD ROLL NO. 24090670 POSTED AT
                                             PRESENT   SUPERINTENDENT     OF   POLICE
                                             (MUKHYALAYA) BHOPAL DISTRICT BHOPAL
                                             (MADHYA PRADESH)

                                       3.    DEVENDRA SINGH GURJAR S/O SHRI JASWANT
                                             SINGH, AGED ABOUT 30 YEARS, OCCUPATION:
                                             CONSTABLE (DRIVER) ROLL NO. 24375488
                                             ALLOTED UNIT 36TH BATTALION (SIRB) S.A.F.
                                             BALAGHAT    DISTRICT BALAGHAT (MADHYA
                                             PRADESH)

                                                                                           .....PETITIONER
                                       (BY SHRI DHARMENDRA PATEL - ADVOCATE)

                                       AND
                                       1.    THE STATE OF MADHYA PRADESH THROUGH
                                             THE PRINCIPAL SECRETARY DEPARTMENT
                                             VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

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

Signature Not Verified
  SAN
                                       3.    ADDITIONAL DIRECTOR GENERAL OF POLICE
                                             (SELECTION) P.H.Q. JAHANGIRABAD, BHOPAL
Digitally signed by PUSHPENDRA PATEL         (MADHYA PRADESH)
Date: 2023.05.02 10:39:02 IST
                                                                             2
                                                                                                       .....RESPONDENTS
                                       (BY SHRI ROHIT JAIN - GOVERNMENT ADVOCATE)

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

Learned counsel for the petitioners submits that a representation on the subject matter of this petition is pending before the respondents No.1, 2 and 3. He has also drawn attention of this Court towards the order passed by the Supreme Court in Praveen Kumar Kurmi vs. The State of Madhya Pradesh and Others (Civil Appeal No.7663/2021) where, the Supreme Court, in 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 submits that petitioners' 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 petitioners have filed this petition, therefore, there is a futile attempt by the petitioners to revive a stale claim.

In view of above, the petition can be disposed of with a direction to the respondents-competent authority to consider the representation of the petitioners as well as objection raised by the respondents, within a period of 60 days in light of the judgment of the Supreme Court in in case of Praveen

Signature Not Verified Kumar Kurmi (supra) and also in light of the judgment of the Supreme Court SAN

Digitally signed by PUSHPENDRA PATEL in Ritesh R. Sah vs. Dr. Y.L. Yamul and Others (1996) 3 SCC 253 . If the Date: 2023.05.02 10:39:02 IST

case of the petitioners is found similar to the case of the appellants in Civil

Appeal No.7663/2021, then similar benefits be extended to the petitioners 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 with law uninfluenced by the observations of this Court.

Certified copy as per rules.

(VIVEK AGARWAL) JUDGE pp

Signature Not Verified SAN

Digitally signed by PUSHPENDRA PATEL Date: 2023.05.02 10:39:02 IST