D. P. Mishra vs The State Of Madhya Pradesh
2023 Latest Caselaw 17961 MP

                                                                1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                        WP No. 20979 of 2023
                                          (D. P. MISHRA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 27-10-2023
                                 Shri S.K. Mishra - Advocate for the petitioner.

                                 Shri Lalit Joglekar - Government Advocate for the respondent

No.1/State.

Shri Anurag Gohil - Advocate for the respondent No.2.

Learned counsel for the respondent No.2 submits that the present petition

is not maintainable as the Bharat Scout & Guides is a Society which does not fall within the ambit of definition of "State" as stipulated in Article 12 of the Constitution of India and accordingly, has placed reliance on the decision of the Gwalior Bench of this Court in the case of Mradula Sharma vs. State of Chief Commissioner, M.P. Bharat Scouts and Guides and Others reported in AIR 1995 MP 88 and also a decision of the High Court of Rajasthan in Shrawan Kumar Sharma vs. State of Rajasthan and Others reported in 2005 (2) SLR 252.

Per contra, learned counsel for the petitioner contends that the judgment

of this Court in Mradula Sharma (supra) has been taken note of subsequently and this Court vide judgment reported in (2009) 2 MPLJ 166 (Anirudh Dwivedi vs. State Chief Commissioner, Bharat Scout and Guide and Another) has concluded that the Bharat Scout & Guide is an Authority which is covered within the definition of "State'' as stipulated in Article 12 of the Constitution of India.

Learned counsel for the respondent prays for time to examine the judgment and then argue the matter.

Signature Not Verified Signed by: SAVITRI PATEL Signing time: 10/28/2023 1:48:28 PM

10 days' time is granted to the counsel for the respondent to examine the same and argue the matter.

List on 07.11.2023.

(MANINDER S. BHATTI) JUDGE

sp

Signature Not Verified Signed by: SAVITRI PATEL Signing time: 10/28/2023 1:48:28 PM