Madhya Pradesh High Court
Shani Pratap Singh Parmar vs The State Of Madhya Pradesh on 23 November, 2015
WP - 14817/2014 WP - 5802/2015 WP - 5823/2015 WP - 5825/2015
WP - 6212/2015 WP - 6474/2015 WP - 9796/2015 WP - 10349/2015
WP - 10485/2015 WP - 10555/2015 WP - 10578/2015 WP - 10598/2015
WP - 10638/2015 WP - 10650/2015 WP - 10686/2015 WP - 10784/2015
WP - 10816/2015 WP - 10838/2015 WP - 10856/2015 WP - 10890/2015
WP - 10975/2015 WP - 11022/2015 WP - 11033/2015 WP - 11126/2015
WP - 11134/2015 WP - 11139/2015 WP - 11172/2015 WP - 11270/2015
WP - 11283/2015 WP - 11301/2015 WP - 11359/2015 WP - 11373/2015
WP - 11403/2015 WP - 11411/2015 WP - 11515/2015 WP - 11516/2015
WP - 11517/2015 WP - 11547/2015 WP - 11552/2015 WP - 11578/2015
WP - 11596/2015 WP - 11599/2015 WP - 11617/2015 WP - 11619/2015
WP - 11621/2015 WP - 11624/2015 WP - 11625/2015 WP - 11626/2015
WP - 11633/2015 WP - 11634/2015 WP - 11663/2015 WP - 11667/2015
WP - 11670/2015 WP - 11674/2015 WP - 11685/2015 WP - 11709/2015
WP - 11740/2015 WP - 11781/2015 WP - 11784/2015 WP - 11785/2015
WP - 11787/2015 WP - 11788/2015 WP - 11790/2015 WP - 11796/2015
WP - 11798/2015 WP - 11810/2015 WP - 11839/2015 WP - 11849/2015
WP - 11877/2015 WP - 11883/2015 WP - 11899/2015 WP - 11912/2015
WP - 11917/2015 WP - 11999/2015 WP - 12020/2015 WP - 12023/2015
WP - 12045/2015 WP - 12065/2015 WP - 12069/2015 WP - 12118/2015
WP - 12128/2015 WP - 12130/2015 WP - 12143/2015 WP - 12155/2015
WP - 12157/2015 WP - 12159/2015 WP - 12160/2015 WP - 12166/2015
WP - 12171/2015 WP - 12186/2015 WP - 12194/2015 WP - 12221/2015
WP - 12235/2015 WP - 12239/2015 WP - 12264/2015 WP - 12268/2015
WP - 12270/2015 WP - 12297/2015 WP - 12299/2015 WP - 12307/2015
WP - 12310/2015 WP - 12316/2015 WP - 12319/2015 WP - 12320/2015
WP - 12348/2015 WP - 12369/2015 WP - 12371/2015 WP - 12372/2015
WP - 12381/2015 WP - 12392/2015 WP - 12402/2015 WP - 12408/2015
WP - 12432/2015 WP - 12433/2015 WP - 12434/2015 WP - 12447/2015
WP - 12464/2014 WP - 12497/2015 WP - 12505/2015 WP - 12551/2015
WP - 12589/2015 WP - 12593/2015 WP - 12618/2015 WP - 12627/2015
WP - 12631/2015 WP - 12634/2015 WP - 12688/2015 WP - 12696/2015
WP - 12697/2015 WP - 12714/2015 WP - 12715/2015 WP - 12716/2015
WP - 12717/2015 WP - 12731/2015 WP - 12741/2015 WP - 12776/2015
WP - 12783/2015 WP - 12799/2015 WP - 12815/2015 WP - 12818/2015
WP - 12821/2015 WP - 12827/2015 WP - 12830/2015 WP - 12833/2015
WP - 12834/2015 WP - 12839/2015 WP - 12841/2015 WP - 12851/2015
WP - 12883/2015 WP - 12905/2015 WP - 12912/2015 WP - 12914/2015
WP - 12923/2015 WP - 12928/2015 WP - 12965/2015 WP - 12977/2015
WP - 12988/2015 WP - 13018/2015 WP - 13021/2015 WP - 13027/2015
WP - 13031/2015 WP - 13097/2015 WP - 13114/2015 WP - 13130/2015
WP - 13131/2015 WP - 13140/2015 WP - 13145/2015 WP - 13217/2015
WP - 13223/2015 WP - 13236/2015 WP - 13237/2015 WP - 13319/2015
WP - 13363/2015 WP - 13365/2015 WP - 13370/2015 WP - 13372/2015
WP - 13375/2015 WP - 13376/2015 WP - 13378/2015 WP - 13383/2015
WP - 13386/2015 WP - 13387/2015 WP - 13388/2015 WP - 13423/2015
WP - 13435/2015 WP - 13438/2015 WP - 13459/2015 WP - 13467/2015
WP - 13468/2015 WP - 13473/2015 WP - 13510/2015 WP - 13534/2015
WP - 13535/2015 WP - 13537/2015 WP - 13545/2015 WP - 13569/2015
WP - 13596/2015 WP - 13635/2015 WP - 13641/2015 WP - 13657/2015
WP - 13671/2015 WP - 13690/2015 WP - 13692/2015 WP - 13698/215
WP - 13702/2015 WP - 13703/2015 WP - 13712/2015 WP - 13729/2015
WP - 13789/2015 WP - 13833/2015 WP - 13912/2015 WP - 14067/2015
WP - 14068/2015 WP - 14182/2015 WP - 14188/2015 WP - 14209/2015
WP - 14215/2015 WP - 14254/2015 WP - 14318/2015 WP - 14337/2015
WP - 14352/2015 WP - 14395/2015 WP - 14399/2015 WP - 14405/2015
WP - 14407/2015 WP - 14416/2015 WP - 14512/2015 WP - 14705/2015
WP - 14722/2015 WP - 14752/2015 WP - 14788/2015 WP - 14791/2015
WP - 14797/2015 WP - 14799/2015 WP - 14803/2015 WP - 14829/2015
WP - 14830/2015 WP - 14836/2015 WP - 14875/2015 WP - 14879/2015
WP - 14880/2015 WP - 14915/2015 WP - 14922/2015 WP - 14924/2015
WP - 14927/2015 WP - 14934/2015 WP - 14935/2015 WP - 14937/2015
WP - 14940/2015 WP - 14942/2015 WP - 14946/2015 WP - 14951/2015
WP - 14956/2015 WP - 14958/2015 WP - 14959/2015 WP - 14969/2015
WP - 14971/2015 WP - 14972/2015 WP - 14976/2015 WP - 14978/2015
WP - 14981/2015 WP - 14985/2015 WP - 14988/2015 WP - 14991/2015
WP - 14995/2015 WP - 14998/2015 WP - 15001/2015 WP - 15003/2015
WP - 15005/2015 WP - 15007/2015 WP - 15008/2015 WP - 15009/2015
WP - 15010/2015 WP - 15012/2015 WP - 15013/2015 WP - 15015/2015
WP - 15016/2015 WP - 15017/2015 WP - 15018/2015 WP - 15019/2015
WP - 15020/2015 WP - 15021/2015 WP - 15022/2015 WP - 15023/2015
WP - 15024/2015 WP - 15025/2015 WP - 15059/2015 WP - 15108/2015
WP - 15139/2015 WP - 15175/2015 WP - 15197/2015 WP - 15222/2015
WP - 15284/2015 WP - 15289/2015 WP - 15326/2015 WP - 15359/2015
WP - 15364/2015 WP - 15368/2015 WP - 15371/2015 WP - 15375/2015
WP - 15382/2015 WP - 15384/2015 WP - 15385/2015 WP - 15387/2015
WP - 15389/2015 WP - 15390/2015 WP - 15391/2015 WP - 15393/2015
WP - 15396/2015 WP - 15398/2015 WP - 15468/2015 WP - 15469/2015
WP - 15473/2015 WP - 15475/2015 WP - 15476/2015 WP - 15477/2015
WP - 15479/2015 WP - 15481/2015 WP - 15493/2015 WP - 15494/2015
WP - 15495/2015 WP - 15555/2015 WP - 15573/2015 WP - 15575/2015
WP - 15576/2015 WP - 15578/2015 WP - 15579/2015 WP - 15593/2015
WP - 15595/2015 WP - 15596/2015 WP - 15600/2015 WP - 15601/2015
WP -15603/2015 WP -15632/2015 WP - 15649/2015 WP -15660/2015
WP -15662/2015 WP -15664/2015 WP-15665/2015 WP - 15670/2015
WP-15672/2015 WP -15688/2015 WP -15709/2015 WP - 15710/2015
WP-15712/2015 WP-15714/2015 WP -15746/2015 WP-15749/2015
WP-15750/2015 WP-15766/2015 WP-15852/2015 WP-15857/2015
WP-15875/2015 WP-15891/2015 WP-15944/2015 WP-15954/2015
WP-15967/2015 WP-15973/2015 WP-15975/2015 WP-15980/2015
WP-15987/2015 WP-15992/2015 WP-15993/2015 WP-15994/2015
WP-15996/2015 WP-15997/2015 WP-16000/2015 WP-16003/2015
WP16005/2015 WP-16007/2015 WP-16012/2015 WP-16013/2015
WP-16014/2015 WP-16016/2015 WP-16017/2015 WP-16018/2015
WP-16020/2015 WP-16022/2015 WP-16024/2015 WP-16025/2015
WP-16027/2015 WP-16030/2015 WP-16031/2015 WP-16032/2015
WP-16033/2015 WP-16034/2015 WP-16035/2015 WP-16036/2015
WP-16037/2015 WP-16038/2015 WP-16039/2015 WP-16040/2015
WP-16041/2015 WP-16042/2015 WP-16045/2015 WP-16046/2015
WP-16048/2015 WP-16050/2015 WP-16051/2015 WP-16053/2015
WP-16057/2015 WP-16059/2015 WP-16061/2015 WP-16062/2015
WP-16063/2015 WP-16064/2015 WP-16068/2015 WP-16069/2015
WP-16070/2015 WP-16071/2015 WP-16073/2015 WP-16074/2015
WP-16078/2015 WP-16079/2015 WP-16081/2015 WP-16082/2015
WP-16084/2015 WP-16085/2015 WP-16088/2015 WP-16089/2015
WP-16090/2015 WP-16092/2015 WP-16094/2015 WP-16097/2015
WP-16101/2015 WP-16103/2015 WP-16105/2015 WP-16107/2015
WP-16124/2015 WP-16136/2015 WP-16140/2015 WP-16190/2015
WP-16200/2015 WP-16232/2015 WP-16271/2015 WP-16280/2015
WP-16381/2015 WP-16447/2015 WP-16462/2015 WP-16483/2015
WP-16501/2015 WP-16502/2015 WP-16503/2015 WP-16504/2015
WP-16539/2015 WP-16679/2015 WP-16881/2015 WP-16986/2015
WP-17033/2015 WP-17127/2015 WP-17130/2015 WP-17138/2015
WP-17159/2015 WP-17222/2015 WP-17244/2015 WP-17328/2015
WP-17333/2015 WP-17338/2015 WP-17390/2015 WP-17402/2015
WP-17403/2015 WP-17406/2015 M.C.C -3009/2015 WP-17408/2015
WP-17409/2015 WP-17730/2015 WP-17758/2015 WP-17764/2015
WP-17891/2015 WP-18003/2015 WP-18117/2015 WP-18611/2015 and
WP-19686/2015
23.11.2015
Shri Rajendra Tiwari, Senior Counsel with Shri T. K.
Khadka, Shri Amalpushp Shroti, Shri M. K. Rajak, Shri S. P.
Mishra, Shri R. K. Samaiya, Shri Atulanand Awasthy, Shri
Mahendra Pateria, Shri K S. Rajput, Shri Amit Mishra, Shri
K Prajapati, Shri A. P. Singh, counsel for the petitioners in
the respective petitions.
Shri Samdarshi Tiwari, Dy. Advocate General for
respondents/State.
Shri D. K. Gupta, counsel for Respondent No.2/CGSC. Heard counsel for the parties.
Counsel for the respondents/State, on instructions, submits that the State Government has taken an inprinciple decision of not to act upon the order/Policy impugned in the respective petitions. Instead, the State Government is reformulating the Policy and a final decision in that behalf will be taken very shortly. In other words, the State Government will not act upon the impugned Policy qua the petitioners, as is propounded as of now. We place on record the statement made by the counsel for the State that a formal order has been issued by the Appropriate Authority not to give effect to impugned Orders/Policy till 31.12.2015.
In view of the above, it is not necessary for this Court to examine the validity of the impugned Orders/Policy. We accept the assurance given by the State that the impugned Orders/Policy as it stands in the present form will not be given effect to until a fresh Policy or modified Policy is formulated after considering all aspects including the issues raised in these petitions; and is notified by the Appropriate Authority.
The petitioners will be free to question the proposed Policy, if it is adverse or fails to address the issues raised by the petitioner in the present petitions. That challenge can be considered on its own merits in accordance with law.
We make it clear that we are not expressing any opinion either way on the merits of the controversy in the context of the impugned Orders/Policy or for that matter we may not be understood to have expressed any opinion in relation to the proposed Policy/modified policy to be adopted by the State in future. All questions are left open.
These petitions are disposed of accordingly. C.C. as per rules.
(A.M. Khanwilkar) (Sanjay Yadav)
Chief Justice Judge
Anchal