Madhya Pradesh High Court
Satyendra Kumar Patel vs The State Of Madhya Pradesh on 2 November, 2022
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
ON THE 2nd OF NOVEMBER, 2022
WRIT PETITION No. 23372 of 2022
BETWEEN:-
1. SATYENDRA KUMAR PATEL S/O TEK SINGH PATEL,
AGED ABOUT 31 YEARS, OCCUPATION: CONSTABLE GD
23RD BN SAF BHOPAL (ROLL NO. 554827) DISTRICT
BHOPAL (MADHYA PRADESH)
2. SOMIKANT CHOURASIYA S/O N.P CHOURASIYA, AGED
ABOUT 32 YEARS, OCCUPATION: CONSTABLE GD 10TH
BN SAF SAGAR (MP) ROLL NO. 784973 SAGAR (MADHYA
PRADESH)
3. ARVIND CHANDRAWANSHI S/O RAMSAHAY
CHANDRAWANSHI, AGED ABOUT 29 YEARS,
OCCUPATION: CONSTABLE GD 23TH BN SAF BHOPAL
(MP) ROLL NO. 804321 BHOPAL (MADHYA PRADESH)
4. RAGHUVENDRA PATEL S/O RAMSWARUP, AGED ABOUT
28 YEARS, OCCUPATION: CONSTABLE GD ATS BHOPAL
(MP) ROLL NO. 750191 BHOPAL (MADHYA PRADESH)
5. RAGHVENDRA VISHWAKARMA S/O BANMALI PRASAD,
AGED ABOUT 31 YEARS, OCCUPATION: CONSTABLE GD
35 BN SAF MANDLA (MP) ROLL NO. 808486 MANDLA
(MADHYA PRADESH)
6. RAKESH KUMAR PANCHESHWAR S/O LAXMAN
PRASAD, AGED ABOUT 39 YEARS, OCCUPATION:
CONSTABLE GD 35TH BN SAF MANDLA (MP) ROLL NO.
808486 MANDLA (MADHYA PRADESH)
7. DHARMENDRA SONI S/O GIRJA SHANKAR SONI, AGED
ABOUT 32 YEARS, OCCUPATION: CONSTABLE GD 25TH
BN SAF BHOPAL (MP) ROLL NO. 757769 BHOPAL
(MADHYA PRADESH)
8. JITENDRA SINGH PATEL S/O LATE SHRI MAHENDRA
SINGH, AGED ABOUT 33 YEARS, OCCUPATION:
CONSTABLE GD 25TH BN SAF BHOPAL (MP) ROLL NO.
558660 BHOPAL (MADHYA PRADESH)
9. GAUTAM CHOUREY S/O MURARI LAL CHOUREY, AGED
Signature Not Verified
Signed by: ASTHA SEN
Signing time: 11/3/2022
4:25:07 PM
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ABOUT 33 YEARS, OCCUPATION: CONSTABLE GD 25TH
BN SAF BHOPAL (MP) ROLL NO. 662634 BHOPAL
(MADHYA PRADESH)
10. SHAILENDRA YADAV S/O SHRI BABULAL YADAV, AGED
ABOUT 30 YEARS, OCCUPATION: CONSTABLE GD 10TH
BN SAF SAGAR (MP) ROLL NO. 751367 SAGAR (MADHYA
PRADESH)
11. JAGMOHAN KAURAV S/O SURESH KAURAV, AGED
ABOUT 34 YEARS, OCCUPATION: CONSTABLE GD 25TH
BN SAF BHOPAL (MP) ROLL NO, 742942 BHOPAL
(MADHYA PRADESH)
12. MOHIT KUMAR SURYAVANSHI S/O ANIL
SURYAVANSHI, AGED ABOUT 30 YEARS, OCCUPATION:
CONSTABLE GD 6TH BN SAF JABALPUR (MP) ROLL
NO.187188 JABALPUR (MADHYA PRADESH)
13. RAHUL KUMAR S/O ANIL KUMAR SURYAVANSHI, AGED
ABOUT 28 YEARS, OCCUPATION: CONSTABLE GD 6TH
BN SAF JABALPUR (MP) ROLL NO.187984 JABALPUR
(MADHYA PRADESH)
14. JITENDRA SINGH THAKUR S/O KAMLESH THAKUR,
AGED ABOUT 39 YEARS, OCCUPATION: CONSTABLE GD
6TH BN SAF JABALPUR (MP) ROLL NO.580975 JABALPUR
(MADHYA PRADESH)
15. PRATEEK DIGARSE S/O PUJARAM KUMAR DIGARSE,
AGED ABOUT 32 YEARS, OCCUPATION: CONSTABLE GD
6TH BN SAF JABALPUR (MP) ROLL NO. 187651
JABALPUR (MADHYA PRADESH)
16. SHIVAM VERMA S/O MILESH VERMA, AGED ABOUT 30
YEAR S, OCCUPATION: CONSTABLE GD 6TH BN SAF
JABALPUR (MP) ROLL NO. 183973 JABALPUR (MADHYA
PRADESH)
17. REWARAM AMRODE S/O DEVI SINGH ARMODE, AGED
ABOUT 32 YEARS, OCCUPATION: CONSTABLE GD 6TH
BN SAF JABALPUR (MP) ROLL NO. 191138 JABALPUR
(MADHYA PRADESH)
18. MANOJ KUMAR YADAV S/O BALRAM YADAV, AGED
ABOUT 33 YEARS, OCCUPATION: CONSTABLE GD 8TH
BN SAF CHHINDWARA (MP) ROLL NO. 733017
CHHINDWARA (MADHYA PRADESH)
19. ARVIND KUMAR SINGH S/O MADANMOHAN, AGED
ABOUT 29 YEARS, OCCUPATION: CONSTABLE 6TH BN
Signature Not Verified
Signed by: ASTHA SEN
Signing time: 11/3/2022
4:25:07 PM
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SAF JABALPUR (MP) ROLL NO. 792953 JABALPUR
(MADHYA PRADESH)
20. JITENDRA PRATAP SINGH S/O JAY PRAKASH SINGH,
AGED ABOUT 30 YEARS, OCCUPATION: CONSTABLE GD
6TH BN SAF JABALPUR (MP) ROLL NO. 794143
JABALPUR (MADHYA PRADESH)
21. DHARMENDRA YADAV S/O LALSA PRASAD YADAV,
AGED ABOUT 30 YEARS, OCCUPATION: CONSTABLE GD
C.M. BHOPAL (MP) ROLL NO. 789842 DIST- BHOPAL
(MADHYA PRADESH)
22. MAHENDRA PRATAP S/O RAM SABAD, AGED ABOUT 31
YEARS, OCCUPATION: CONSTABLE GD 35TH BN SAF
MANDLA (MP) ROLL NO. 821978 MANDLA (MADHYA
PRADESH)
23. NARENDRA THAKUR S/O CHAGAN LAL THAKUR, AGED
ABOUT 30 YEARS, OCCUPATION: CONSTABLE GD 7TH
BN SAF BHOPAL (MP) ROLL NO. 802211 BHOPAL
(MADHYA PRADESH)
24. RAJNEESH KUMAR SEN S/O DEEN DAYAL, AGED ABOUT
29 YEARS, OCCUPATION: CONSTABLE GD 23TH BN SAF
BHOPAL (MP) ROLL NO. 783230 BHOPAL (MADHYA
PRADESH)
25. GHANSHYAM LOVEWANSHI S/O RAMKALYAN
LOVEWANSHI, AGED ABOUT 29 YEARS, OCCUPATION:
CONSTABLE GD 23TH BN SAF BHOPAL (MP) ROLL NO.
696225 BHOPAL (MADHYA PRADESH)
26. ARUN SINGH S/O KAMAL SINGH, AGED ABOUT 32
YEARS, OCCUPATION: CONSTABLE GD 23RD BN SAF
BHOPAL (MP) ROLL NO. 802639 BHOPAL (MADHYA
PRADESH)
27. SUNIL CHAURASIYA S/O RAM NIWAS, AGED ABOUT 28
YEARS, OCCUPATION: CONSTABLE GD 35TH BN SAF
MANDLA (MP) ROLL NO. 440044 MANDLA (MADHYA
PRADESH)
28. MANOJ KUMAR YADAV S/O HARIRAM YADAV, AGED
ABOUT 32 YEARS, OCCUPATION: CONSTABLE GD 10TH
BN SAF SAGAR (MP) ROLL NO. 838917 SAGAR (MADHYA
PRADESH)
29. SUNDAR LAL SAHU S/O KOMAL CHAND SAHU, AGED
ABOUT 30 YEARS, OCCUPATION: CONSTABLE GD 10TH
BN SAF SAGAR (MP) ROLL NO. SAGAR (MADHYA
Signature Not Verified
Signed by: ASTHA SEN
Signing time: 11/3/2022
4:25:07 PM
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PRADESH)
30. MAGLESHWAR PRASAD SAHU S/O MUNNALAL SAHU,
AGED ABOUT 30 YEARS, OCCUPATION: CONSTABLE GD
9TH BN SAF REWA (MP) ROLL NO. 42736 REWA
(MADHYA PRADESH)
31. KAPIL KUMAR S/O SHANTI PRAKASH ARYA, AGED
ABOUT 30 YEARS, OCCUPATION: CONSTABLE
P.T.S.M.T.POOL PHQ BHOPAL (MP) ROLL NO. 497811
BHOPAL (MADHYA PRADESH)
32. SURENDRA THAKUR S/O LAL SINGH THAKUR, AGED
ABOUT 33 YEARS, OCCUPATION: CONSTABLE GD 25TH
BN SAF BHOPAL (MP) ROLL NO.585597 BHOPAL
(MADHYA PRADESH)
33. NARENDRA KUMAR S/O SANTOSH KUMAR, AGED
ABOUT 34 YEARS, OCCUPATION: CONSTABLE GD 25TH
BN SAF BHOPAL (MP) ROLL NO. 784942 BHOPAL
(MADHYA PRADESH)
34. YOGESH PATEL S/O SURESH KUMAR PATEL, AGED
ABOUT 32 YEARS, OCCUPATION: CONSTABLE GD 25TH
BN SAF BHOPAL (MP) ROLL NO. 594869 BHOPAL
(MADHYA PRADESH)
35. BHARAT SINGH YADAV S/O MULAYAM SINGH YADAV,
AGED ABOUT 28 YEARS, OCCUPATION: CONSTABLE GD
10TH BN SAF SAGAR (MP) ROLL NO. 749462 SAGAR
(MADHYA PRADESH)
36. RUPESH KUMAR SEN S/O KISHOR LAL SEN, AGED
ABOUT 34 YEARS, OCCUPATION: CONSTABLE GD STF
POLICE HEADQUARTER BHOPAL (MP) ROLL NO. 749357
BHOPAL (MADHYA PRADESH)
37. SHRIPAL VISHWAKARMA S/O MOHAN LAL, AGED
ABOUT 29 YEARS, OCCUPATION: CONSTABLE GD 6TH
BN SAF JABALPUR (MP) ROLL NO. 194630 JABALPUR
(MADHYA PRADESH)
38. BHARAT SINGH THAKUR S/O GAJRAJ SINGH THAKUR
OCCUPATION: CONSTABLE GD 25TH BN SAF BHOPAL
(MP) ROLL NO. 580950 BHOPAL (MADHYA PRADESH)
39. DEEPAK JATAV S/O RAMESHCHANDRA JATAV, AGED
ABOUT 31 YEARS, OCCUPATION: CONSTABLE GD 35TH
BN SAF MANDLA (MP) ROLL NO. 642459 MANDLA
(MADHYA PRADESH)
Signature Not Verified
Signed by: ASTHA SEN
Signing time: 11/3/2022
4:25:07 PM
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40. RAJPATI PANIKA S/O MATUK DHARI PANIKA, AGED
ABOUT 39 YEARS, OCCUPATION: CONSTABLE GD 9TH
BN SAF REWA (MP) ROLL NO. 505648 REWA (MADHYA
PRADESH)
41. RAVISHANKAR PATEL S/O BABAN PRASAD PATEL,
AGED ABOUT 39 YEARS, OCCUPATION: CONSTABLE GD
25TH BN SAF BHOPAL (MP) ROLL NO. 776394 BHOPAL
(MADHYA PRADESH)
42. MANOJ KUMAR SONI S/O LALIT KUMAR PATEL, AGED
ABOUT 38 YEARS, OCCUPATION: CONSTABLE GD 35TH
BN SAF MANDLA (MP) ROLL NO. 838614 MANDLA
(MADHYA PRADESH)
43. RUPENDRA KUMAR S/O LALIT KUMAR PATEL, AGED
ABOUT 38 YEARS, OCCUPATION: CONSTABLE GD 35TH
BN SAF MANDLA (MP) ROLL NO. 732375 MANDLA
(MADHYA PRADESH)
44. RAJENDRA YADAV S/O POONAM CHAND YADAV
OCCUPATION: CONSTABLE GD 7TH BN SAF BHOPAL
(MP) ROLL NO. 665514 BHOPAL (MADHYA PRADESH)
45. AKASH KUMAR PATEL S/O GOL KUMAR PATEL, AGED
ABOUT 24 YEARS, OCCUPATION: CONSTABLE GD 35TH
BN SAF MANDLA (MP) ROLL NO. 732927 MANDLA
(MADHYA PRADESH)
46. RAHUL SAIN S/O VIRENDRA KUMAR SAIN, AGED
ABOUT 30 YEARS, OCCUPATION: CONSTABLE GD 10TH
BN SAF SAGAR (MP) ROLL NO. 508017 SAGAR (MADHYA
PRADESH)
47. BHARAT LAL JAISWAL S/O JAGDEV JAISWAL, AGED
ABOUT 29 YEARS, OCCUPATION: CONSTABLE GD 9TH
BN SAF REWA (MP) ROLL NO. 709491 REWA (MADHYA
PRADESH)
48. RAKESH TIWARI S/O KRISHNA MANI TIWARI, AGED
ABOUT 29 YEARS, OCCUPATION: CONSTABLE GD 6TH
SAF JABALPUR (MP) ROLL NO. 721236 JABALPUR
(MADHYA PRADESH)
49. RAJU RATAN BANSAL S/O KOLLE BANSAL, AGED
ABOUT 31 YEARS, OCCUPATION: CONSTABLE GD 9TH
BN SAF REWA (MP) ROLL NO. 768423 REWA (MADHYA
PRADESH)
50. VIKAS PARADKER S/O PANDHARI PARADKER, AGED
ABOUT 30 YEARS, OCCUPATION: CONSTABLE GD 6TH
Signature Not Verified
Signed by: ASTHA SEN
Signing time: 11/3/2022
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BN SAF JABALPUR (MP) ROLL NO. 186416 JABALPUR
(MADHYA PRADESH)
51. RAHUL KUMAR SINGH S/O GOVIND SINGH, AGED
ABOUT 30 YEARS, OCCUPATION: CONSTABLE GD 23RD
BN SAF BHOPAL (MP) ROLL NO. 805561 BHOPAL
(MADHYA PRADESH)
52. HARI PRASAD SINGH S/O AMAR SINGH, AGED ABOUT
30 YEARS, OCCUPATION: CONSTABLE GD 36TH BN SAF
BALAGHAT (MP) ROLL NO. 322723 BALAGHAT (MADHYA
PRADESH)
53. SUNIL AHIWAR S/O KHEMI LAL AHIRWAR, AGED
ABOUT 31 YEARS, OCCUPATION: CONSTABLE GD 35TH
BN SAF MANDLA (MP) ROLL NO. 593500 MANDLA
(MADHYA PRADESH)
54. MOHAMMAD NADEEM KHAN S/O MOHAMMAD NASIR
KHAN, AGED ABOUT 30 YEARS, OCCUPATION:
CONSTABLE GD 10TH BN SAF SAGAR (MP) ROLL
NO.785247 SAGAR (MADHYA PRADESH)
55. BHAG CHANDRA YADAV S/O CHHIKODI, AGED ABOUT
27 YEARS, OCCUPATION: CONSTABLE GD 9TH BN SAF
REWA (MP) ROLL NO. 571692 REWA (MADHYA
PRADESH)
56. RAJEEV KUMAR YADAV S/O ALBEL SINGH, AGED
ABOUT 30 YEARS, OCCUPATION: CONSTABLE GD 8TH
BN SAF CHHINDWARA (MP) ROLL NO. 319755
CHHINDWARA (MADHYA PRADESH)
57. RAVINDRA KUMAR DEHARIYA S/O TEJI LAL, AGED
ABOUT 31 YEARS, OCCUPATION: CONSTABLE GD 6TH
BN SAF JABALPUR (MP) ROLL NO. 809998 JABALPUR
(MADHYA PRADESH)
58. DEEP PRAKASH PRAJAPATI S/O PREMLAL PRAJAPATI,
AGED ABOUT 32 YEARS, OCCUPATION: CONSTABLE GD
6TH BN SAF JABALPUR (MP) ROLL NO. 504856
JABALPUR (MADHYA PRADESH)
59. RAJEEV DAHIYA S/O RAM NARAYAN DAHIYA, AGED
ABOUT 33 YEARS, OCCUPATION: CONSTABLE GD 6TH
BN SAF JABALPUR (MP) ROLL NO. 709292 JABALPUR
(MADHYA PRADESH)
60. VIKRANT SINGH S/O BAHADUR SINGH THAKUR, AGED
ABOUT 31 YEARS, OCCUPATION: CONSTABLE GD 23RD
BN SAF BHOPAL (MP) ROLL NO. 539623 BHOPAL
(MADHYA PRADESH)
Signature Not Verified
Signed by: ASTHA SEN
Signing time: 11/3/2022
4:25:07 PM
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61. SUDHIR KUMAR LODHI S/O DILIP SINGH, AGED ABOUT
33 YEARS, OCCUPATION: CONSTABLE GD 25TH BN SAF
BHOPAL (MP) ROLL NO. 752778 BHOPAL (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI PAWAN KUMAR SINGH SENGAR, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH THE
PRINCIPAL SECRETARY 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 SHRI SUBODH KUMAR PANDEY, GOVERNMENT ADVOCATE)
This petition coming on for admission this day, the court passed the following:
ORDER
Learned counsel for the petitioners 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 Annexure-P/3 at page No.19 which is 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.
Shri Pramod Kumar Pandey, learned Government Advocate while taking this Court to paragraph 4 of the writ petition submits that the cause suffers from delay and laches Signature Not Verified Signed by: ASTHA SEN Signing time: 11/3/2022 4:25:07 PM 8 inasmuch as, after decision in Civil Appeal No.7663/2021 (Praveen Kumar Kurmi vs. The State of M.P. and Ors.), the petitioners have filed this petition, therefore, there is a futile attempt by the petitioners to revive a stale claim.
Under the circumstances, the petition is disposed of with a direction to the respondents No. 2 and 3 to consider the representation of the petitioners as well as objection raised by the respondents, 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 petitioners is similar to the case of the appellants in Civil Appeal No.7663/2021, then similar benefits be extended to the petitioners herein.
With the aforesaid, the petition is finally disposed of. 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.
(MANINDER S. BHATTI) JUDGE Astha Signature Not Verified Signed by: ASTHA SEN Signing time: 11/3/2022 4:25:07 PM