Deepak Choubey vs State Of Madhya Pradesh
2023 Latest Caselaw 8049 MP

                                                      1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                   BEFORE
                                     HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                             ON THE 15 th OF MAY, 2023
                                          WRIT PETITION No. 10417 of 2023

                          BETWEEN:-
                          1.    DEEPAK CHOUBEY S/O SHRI, MANOJ KUMAR
                                CHOBEY, AGED ABOUT 29 YEARS, OCCUPATION:
                                SERVICE R/O HUNMANGANJ KURWAI VIDISHA
                                AT PRESENT RESIDENT OF MAVAI DISTRICT
                                MANDLA M.P (MADHYA PRADESH)

                          2.    ARUN DANGI S/O SHRI KARAN SINGH DANGI,
                                AGED ABOUT 33 YEARS, OCCUPATION: SERVICE
                                R/O SHYAMPUR POST GUDAWAL DISTRICT
                                VIDISHA AT PRESENT RESIDENT OF VILLAGE
                                POUNDI MAVAI DISTRICT MANDLA ROLL NO.
                                23212289 (MADHYA PRADESH)

                          3.    VIKRAM SINGH RAWAR S/O SHRI RAMHED
                                SINGH RAWAT, AGED ABOUT 33 YEARS,
                                OCCUPATION: SERVICE R/O VILLAGE URHARA
                                POST CHHARA TEHSIL JOURA DISTRICT
                                MORENA ROLL NO. 22716939 (MADHYA PRADESH)

                          4.    DHARMENDRA ATHIYA S/O SHRI BELDEV
                                PRASAD ATHIYA, AGED ABOUT 33 YEARS,
                                OCCUPATION: SERVICE R/O WARD NO.6,
                                RAHATGRAH DISTRICT SAGAR ROLL NO.
                                23204644 (MADHYA PRADESH)

                          5.    GAJENDRA MEENA S/O SHRI UMASHANKAR
                                MEENA, AGED ABOUT 26 YEARS, OCCUPATION:
                                SERVICE R/O VILLAGE TONGA POST DEOPUR
                                MAFI DISTRICT MORENA ROLL NO. 22645125
                                (MADHYA PRADESH)

                          6.    BALLU RAWAT S/O SHRI MUNNA LAL RAWAT,
                                AGED ABOUT 32 YEARS, OCCUPATION: SERVICE
                                R/O VILLAGE BHOPATPUR TEHSIL JOURA
                                DISTRICT MORENA ROLL NO. 22636713 (MADHYA
                                PRADESH)

                          7.    GUDDI PATEL D/O SHRI RAM MILAN PATEL,
                                AGED ABOUT 27 YEARS, OCCUPATION: SERVICE
Signature Not Verified
Signed by: DEVESH K
SHRIVASTAVA
Signing time: 5/16/2023
11:50:03 AM
                                                        2
                                R/O VILLAGE JHAMTULI CHHATARPUR ROLL NO.
                                23163246 (MADHYA PRADESH)

                          8.    ROOPENDRA S/O SHRI RAMSWAROOP CHADAR,
                                AGED ABOUT 24 YEARS, OCCUPATION: SERVICE
                                R/O BANDRAVATHA POST KURWAL DISTRICT
                                VIDISHA ROLL NO. 23142551 (MADHYA PRADESH)

                          9.    SANTOSH SINGH BELDAR S/O SHRI MANGAL
                                PRASAD BELDAR, AGED ABOUT 38 YEARS,
                                OCCUPATION: SERVICE R/O KANTHI MUHALLA
                                LAVKUSHNAGAR DISTRICT CHHATARPUR ROLL
                                NO. 74506632 (MADHYA PRADESH)

                          10.   RAJBEER SINGH MEENA S/O SHRI RAGHUNATH
                                SINGH MEENA, AGED ABOUT 29 YEARS,
                                OCCUPATION: SERVICE R/O KEMRA KALAN
                                TEHSIL SABALGRAH MORENA AT PRESENT
                                RESIDENT OF CHOONA BHATTI KE PASS KOLAR
                                ROAD BHOPAL ROLL NO. 22752285 (MADHYA
                                PRADESH)

                          11.   PAPPU MEENA S/O SHRIMADHAU LAL MEENA,
                                AGED ABOUT 29 YEARS, OCCUPATION: SERVICE
                                R/O VILLAGE DIROLI POST BADI DISTRICT GUNA
                                AT PRESENT RESIDENT OF AHYODHYA BYPASS
                                ROAD BHOPAL ROLL NO. 22706673 (MADHYA
                                PRADESH)

                          12.   HEMENDRA SINGH RAJPOOT S/O SHRI VIKRAM
                                SINGH RAJPOOT, AGED ABOUT 27 YEARS,
                                OCCUPATION: SERVICE R/O VILLAGE BANSA
                                HEAD KLA DISTRICT GUNA AT PRESENT
                                RESIDENT OF ANSHAL VIHAR COLONY KOLAR
                                BHOPAL ROLL NO. 22899017 (MADHYA PRADESH)

                                                                             .....PETITIONER
                          (BY SHRI ANJANI KUMAR KORI - ADVOCATE)

                          AND
                          1.    STATE OF MADHYA PRADESH THROUGH
                                PRINCIPAL SECRETARY SCHOOL EDUCATION
                                DEPARTMENT VALLABH BHAWAN, (MADHYA
                                PRADESH)

                          2.    COMMISSIONER,    PUBLIC   INSTRUCTIONS
                                GAUTAM NAGAR, BHOPAL (MADHYA PRADESH)

                          3.    COMMISSIONER / ASST. COMMISSIONER TRIBAL
                                WELFARE DEPARTMENT,      BHOPAL DISTRICT
Signature Not Verified
Signed by: DEVESH K
SHRIVASTAVA
Signing time: 5/16/2023
11:50:03 AM
                                                      3
                                BHOPAL (MADHYA PRADESH)

                          4.    PROFESSIONAL     EXAMINATION       BOARD,
                                THROUGH ITS DIRECTOR CHAYAN BHAWAN,
                                MAIN ROAD NO.1 CHINAR PARK (EAST), BHOPAL
                                (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                          (BY MS. SWATI ASEEM GEORGE - GOVERNMENT ADVOCATE)

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

Learned counsel for the petitioner submits that this case is at par with the order dated 01.05.2023 passed in WP No.9838/2023 wherein it is ordered that :

"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 this case is at par with the order passed by the Coordinate Bench and shall apply mutatis mutandis to the facts of the present case also.

This question is not disputed by the learned 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"

Taking these facts into consideration, this petition is disposed off in the same terms in which WP No.9838/2023 was decided by this bench and it is held that the said judgment shall apply mutatis mutandis to the facts and circumstances of the present case. Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 5/16/2023 11:50:03 AM

(VIVEK AGARWAL) V. JUDGE DevS

Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 5/16/2023 11:50:03 AM