Sunil Rai vs The State Of Madhya Pradesh
2024 Latest Caselaw 14976 MP

Madhya Pradesh High Court

Sunil Rai vs The State Of Madhya Pradesh on 20 May, 2024

Author: Subodh Abhyankar

Bench: Subodh Abhyankar

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                        BEFORE
                                        HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                                  ON THE 20 th OF MAY, 2024
                                              WRIT PETITION No. 13538 of 2024

                           BETWEEN:-
                           SUNIL RAI S/O PREM NARAYAN, AGED ABOUT 31
                           YE A R S , OCCUPATION: CONSTABLE DRIVER 15TH
                           BATTALION S. A. F. INDORE DISTRICT INDORE
                           (MADHYA PRADESH)

                                                                                          .....PETITIONER
                           (BY SHRI PAWAN KUMAR SINGH SENGAR - ADVOCATE)

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

                           2.    THE DIRECTOR GENERAL OF POLICE POLICE
                                 HEAD QUARTER JAHANGIRABAD BHOPAL
                                 (MADHYA PRADESH)

                           3.    THE ADDITIONAL DIRECTOR GENERAL OF
                                 POLICE   (SELECTION) P.H.Q. JAHANGIRABAD
                                 BHOPAL (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (BY MS. HARSHLATA SONI - G.A.)

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

1] Learned 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 the 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 a 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.

2] Under the circumstances, the petition is disposed of with a request to the respondents No. 2 and 3 to consider the representation of the petitioner 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.

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

(SUBODH ABHYANKAR) JUDGE Pankaj