Sanjay Kumar Tripathi @ Sanjay Tripathi vs The State Of Madhya Pradesh
2024 Latest Caselaw 16466 MP

Madhya Pradesh High Court

Sanjay Kumar Tripathi @ Sanjay Tripathi vs The State Of Madhya Pradesh on 31 May, 2024

                                                          1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                     BEFORE
                                          HON'BLE SHRI JUSTICE VIVEK JAIN
                                                ON THE 31 st OF MAY, 2024
                                            WRIT PETITION No. 8112 of 2024

                          BETWEEN:-
                          SANJAY KUMAR TRIPATHI @ SANJAY TRIPATHI S/O
                          LATE SHRI LAXMI TRIPATHI, AGED ABOUT 55 YEARS,
                          OCCUPATION: UNEMPLOYED R/O 419 , KOTWALI WARD
                          , MILAUNIGANJ JABALPUR, DISTRICT JABALPUR
                          (MADHYA PRADESH)

                                                                                     .....PETITIONER
                          (BY SHRI SANJEEV KUMAR SINGH - ADVOCATE )

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

                          2.    C O M M I S S I O N E R PUBLIC INSTRUCTIONS
                                GAUTAM NAGAR BHOPAL (MADHYA PRADESH)

                          3.    DISTRICT EDUCATION OFFICER JABALPUR,
                                DISTRICT JABALPUR (MADHYA PRADESH)

                          4.    DISTRICT EDUCATION OFFICER SEONI, DISTRICT
                                SEONI (MADHYA PRADESH)

                          5.    PRINCIPAL GOVT. HIGHER SECONDARY SCHOOL
                                G H A N S A U R DISTRICT SEONI  (MADHYA
                                PRADESH)

                                                                                  .....RESPONDENTS
                          (BY SHRI SWATANTRA PANDEY - PANEL LAWYER)

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

Petitioner's contention is that his case is squarely covered by the Division Bench Judgment of this High Court in Writ Appeal No.1187/2013 (Mahesh Gunjele versus State of Madhya Pradesh & Another) decided on 26.11.2015.

Learned counsel for the State opposed the prayer, however, he could not dispute the position that the case of the petitioner is identically placed to that of Mahesh Gunjele (supra).

Accordingly, this writ petition can be disposed of in terms of the Division Bench Judgment of this High Court in Writ Appeal No.1187/2013 (Mahesh Gunjele versus State of Madhya Pradesh & Another) decided on

26.11.2015. The impugned order is hereby quashed. It is directed that if there is no other legal hindrance, the petitioner be given the same benefit as has been extended by the Hon'ble Division Bench of this High Court in Writ Appeal No.1187/2013 (Mahesh Gunjele versus State of Madhya Pradesh & Another) decided on 26.11.2015 within a period of sixty days from the date of receipt of certified copy of the order being passed today.

In above terms, this writ petition is disposed of.

(VIVEK JAIN) JUDGE nks