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Madhya Pradesh High Court

Abhijeet Chaudhary vs M.P. Public Service Commissioner on 31 March, 2022

Author: Vivek Agarwal

Bench: Vivek Agarwal

1 IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR WP No. 5866 of 2022 (ABHIJEET CHAUDHARY AND OTHERS Vs M.P. PUBLIC SERVICE COMMISSIONER) Dated : 31-03-2022 Shri Nitya Nand Mishra, learned counsel for the petitioner.

Shri Anvesh Shrivastava, learned counsel for the Madhya Pradesh, Public Service Commission.

Smt. Swati Aseem George, learned Panel Lawyer for the State. Shri Shrivastava has filed copy of Constituent Assembly of India's debates to point out that Dr. Sachhidanand Sinha, Chairman had nominated Mr. Frank Anthony as Deputy Chairman and this proposal was accepted by the house by majority. Similarly, he has placed reliance on copy of text-book Vindhya Kshetra ka Itihas by Professor Radhesharan published by Hindi Granth Academy, Bhopal, 2001 to point out that Capital of Raja Veer Singh Dev 1500-1540 was Gahora and not Bandhavgarh.

Learned counsel for the petitioners submit that he has some other documents in his possession to dispute this proposition. He may file them on record.

Similarly, Shri Shrivastava has produced copy of annual administrative report of State of Madhya Pradesh Forest Department 2020-2021 showing percentage of Teak forest to be 19.36 per cent. However, contrary to this, petitioners have brought on record and is part of the writ petition W.P. No.6137/2022 at page no.137, a document obtained by them from the website of Ministry of Environment Forest and Climate Change, Government of India which is titled as India State of Forest report, 2019 wherein under Clause 2.15.3 Forest Types and Bio-diversity, it is mentioned in table 11.15.9, percentage area under different forest types of Madhya Pradesh, that there is 2.28 percentage of forest cover of 3B/CLC slightly moist Teak Forest. Similarly, percentage of forest cover of 5A CLA very dry Teak Forest is 0.86 per cent. Percentage of forest cover of 5A CLB dry Teak Forest is 26.40 per cent and when 3 are added, then total Signature SAN Verified Not percentage will come out to 29.54 per cent against the report of the State of Digitally signed by APARNA TIWARI Madhya Pradesh showing 19.36 per cent.

In view of such facts, when forest is admittedly a subject in concurrent list vide entry 17A i.e. list 3 of Schedule 7, then in case of discrepancy between the Data of Union and the State, which data is to be accepted, is the constitutional issue which is to be answered by the Public Service Commission.

Let copy of reply and the expert committee report be supplied to the petitioners during the course of the day.

They may file their rebuttal within seven days'. In the meanwhile, experts of the Public Service Commission and the legal advisor to the Public Service Commission shall file his personal affidavit that in case of discrepancy between the data of Ministry of Environment Forest and Climate Change, Government of India and data collected by State of Madhya Pradesh which data will be given precedence in view of entry of subject forest at S. No.17A of the concurrent list.

State authorities represented are directed to produce Geo Satellite Survey of State of Madhya Pradesh for the year, 2019-2020 to point out the exact percentage of forests cover of Teak Trees in the State of Madhya Pradesh. Under the affidavit of Principle Chief Conservator of Forest (PCCF/Head of the Forest Department).

List this case on 07.04.2022.

It is made clear that if compliance is not made then Court may be constrained to order for personal appearance of the respective personnel.

(VIVEK AGARWAL) JUDGE AT