Vishal Singh Tomar vs The State Of Madhya Pradesh
2023 Latest Caselaw 18046 MP

                                                           1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                             ON THE 30 th OF OCTOBER, 2023
                                             WRIT PETITION No. 22281 of 2023

                           BETWEEN:-
                           VISHAL SINGH TOMAR S/O SHRI RAKESH SINGH
                           TOMAR, AGED ABOUT 30 YEARS, OCCUPATION:
                           STUDENT B 18/13 MAHANANDA NAGAR, DISTRICT
                           UJJAIN (MADHYA PRADESH)

                                                                                      .....PETITIONER
                           (SHRI AMIT BHATIA, LEARNED COUNSEL FOR THE PETITIONER .

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

                           2.    DIRECTOR  GENERAL    OF  POLICE POLICE
                                 HEADQUARTER BHOPAL (MADHYA PRADESH)

                           3.    ADDITIONAL DIRECTOR GENERAL OF POLICE
                                 SELECTION    AND    RECRUITMENT POLICE
                                 HEADQUARTER BHOPAL (MADHYA PRADESH)

                           4.    SUPERINTENDENT OF POLICE DEWAS             DIST.
                                 DEWAS (MADHYA PRADESH)

                           5.    MADHYA      PRADESH      PROFESSIONAL
                                 EXAMINATION     BOARD BHOPAL, CHAYAN
                                 BHAWAN, MAIN ROAD NO. 1 CHINAR PARK,
                                 BHOPAL (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                           (MS. BHARTI LAKKAD - G.A. FOR STATE)

                                 This petition coming on for admission this day, th e court passed the
                           following:
Signature Not Verified
                                                            ORDER

Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 30-10-2023 17:25:49

The petitioner has sought quashment of the order dated 28.2.2023 passed by respondent NO.4 rejecting the candidature of the petitioner on the ground of registration of criminal cases and has also prayed for a direction to appoint the petitioner on the post of Police Constable (GD) by completing all the required formalities.

2. The petitioner was selected in Police Constable Recruitment Test, 2020. Against the petitioner, crime No. 94/2016 for commission of offence under section 323, 294, 506, 34 of IPC was registered and another case, crime No. 684/2016 under section 323, 452, 506/34 were registered. Both the offences resulted into the acquittal of the petitioner on the basis of compromise.

3. Counsel for the petitioner submits that authority has rejected his candidature without considering the law laid down by the Apex Court in the case of Avtar Singh Vs. Union of India and others, 2016(8) SCC 471. It is further submitted that under similar circumstances, a co-ordinate Bench at Jabalpur has quashed the similar order in W.P.No. 7300/2023 (Bhupendra Singh Vs. State of M.P. and others) and remanded the matter to the same respondent i.e. Superintendent of Police, Dewas for reconsideration in the light of the judgment passed in the case of Avtar Singh (supra).

4. Counsel for the State supports the order impugned.

5. After hearing learned counsel for the parties and taking into consideration the order passed by co-ordinate Bench in the case of Bhupendra Singh, the present petition is also allowed and the impugned order dated 28.2.2023 (Annx.P/1) passed by S.P., Dewas is quashed and the matter is remanded back for consideration before the same authority with an expectation that matter shall be considered with all aspects including the mandate of Apex

Signature Not Verified court in the case of Avtar Singh (supra) and thereafter ensure passing of Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 30-10-2023 17:25:49

appropriate order. The respondent NO.4 shall complete the entire exercise within 3 months from the date of communication of copy of the order passed by this Court.

With the aforesaid, the present petition is allowed and disposed off. C.c. as per rules.

(VIJAY KUMAR SHUKLA) JUDGE MK

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 30-10-2023 17:25:49