Keerti Verma vs The State Of Madhya Pradesh
2023 Latest Caselaw 16507 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                       BEFORE
                                       HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                              ON THE 6 th OF OCTOBER, 2023
                                             WRIT PETITION No. 24689 of 2023

                          BETWEEN:-
                          KEERTI VERMA D/O SUMMANLAL VARMA, AGED
                          ABOUT 28 YEARS, OCCUPATION: BY DISTRICT POLICE
                          PRESENT POSTED AT POLICE LAIN BETUL DISTRICT
                          BETUL (MADHYA PRADESH)

                                                                                         .....PETITIONER
                          (BY SHRI P.K.S. SENGAR - ADVOCATE)

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

                          2.    THE DIRECTOR GENERAL OF POLICE POLICE
                                H E A D Q U A R T E R S JAHANGIRABAD BHOPAL
                                (MADHYA PRADESH)

                          3.    THE ADDITIONAL DIRECTOR GENERAL OF
                                POLICE (SELECTION) POLICE HEADQUARTERS
                                JAHANGIRABAD BHOPAL (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                          (BY SHRI MANAS MANI VERMA - GOVT. ADVOCATE)

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

The 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. He has also drawn attention of this Court to Annexure-P/3 at page No.18, which is the

Signature Not Verified Signed by: PRADYUMNA BARVE Signing time: 10/7/2023 11:04:29 AM

order passed by the Supreme Court in Civil Appeal No.7663/2021 (Praveen Kumar Kurmi vs. The State of Madhya Pradesh and Others) where, the Supreme Court, in an appeal preferred by similarly situated candidates, 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 regards the service and post vis-a-vis a candidate, who may be placed below him.

2. Shri Manas Mani Verma, learned Govt. 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.

3. 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.

4. With the aforesaid, the petition is finally disposed of.

5. The Court makes it clear that it has not passed 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.

Signature Not Verified Signed by: PRADYUMNA BARVE Signing time: 10/7/2023 11:04:29 AM

(MANINDER S. BHATTI) JUDGE PB

Signature Not Verified Signed by: PRADYUMNA BARVE Signing time: 10/7/2023 11:04:29 AM