The State Of Madhya Pradesh vs Dr. Satya Prakash Gupta on 25 March, 2022

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Madhya Pradesh High Court

The State Of Madhya Pradesh vs Dr. Satya Prakash Gupta on 25 March, 2022

Bench: Sujoy Paul

                                    1
               IN THE HIGH COURT OF MADHYA PRADESH
                            AT JABALPUR
                                    BEFORE
                            SHRI JUSTICE SUJOY PAUL
                           ON THE 25th OF MARCH, 2022

                     REVIEW PETITION No. 360 of 2022

        Between:-
1.      THE STATE OF MADHYA PRADESH THR THE
        PRINCIPAL SECRETARY GOVT. OF M.P. DEPT. OF
        HIGHER EDUCATION DISTT. BHOPAL (MADHYA
        PRADESH)

2.      THE COMMISSIONER OF HIGHER EDUCATION
        GOVERNMENT OF M.P. BHOPAL BHOPAL, M.P.
        (MADHYA PRADESH)

                                                                   .....PETITIONER
        (BY MS. JANHAVI PANDIT, DEPUTY ADVOCATE GENERAL )

        AND

1.      DR. SATYA PRAKASH GUPTA S/O LATE R.S. GUPTA
        , AGED ABOUT 62 YEARS, R/O. 1263, INDIRA
        GANDHI WARD GARHA (MADHYA PRADESH)

2.      THE CHAIRMAN GOVERNING BODY, G.S.
        COLLEGE OF COMMERCE AND ECONOMICS R/O
        CIVIL LINE, JABALPUR, M.P. (MADHYA PRADESH)

3.      THE PRINCIPAL / SECRETARY G.S. COLLEGE OF
        COMMERCE AND ECONOMICS R/O CIVIL LINES,
        JABALPUR, M.P. (MADHYA PRADESH)

                                                                .....RESPONDENTS
        (BY SHRI SANJAY KUMAR AGRAWAL, ADVOCATE )

      T h is petition coming on for hearing this day, the court passed the
following:
                                     ORDER

This review petition seeks review of an order passed in Review Petition No.246/2022.

The singular ground raised by learned counsel for the State is that in internal page-2 of the order under review this Court recorded as under :-

"A plain reading of order under review dated 21/12/2021 shows that it is passed based on a Division Bench Judgment in W.A.No.378/2018 (Balkrishna Rathi vs. State of M.P.). On a specific query from the Bench, learned Deputy Advocate General fairly submitted that said Division Bench order was not put to test before any Higher Forum. It is not in indispute that present 2 respondent is otherwise similarly situated qua Balkrishna Rathi (supra)."

It is submitted that when the previous matter was decided on 25/02/2022, the counsel arguing the matter did not have information that an SLP has already been filed against the order passed in Writ Appeal No.378 of 2018 (Balkrishna Rathi vs. State of Madhya Pradesh). The SLP is still pending.

Shri Agrawal, learned counsel for the respondent submits that review petition against an order passed in review is not maintainable.

I find substance in the argument of Shri Agrawal. However, it is apposite to observe the singular ground raised by learned counsel for the State is always a matter of record for which no clarification is even otherwise required.

Review Petition is disposed of.

(SUJOY PAUL) JUDGE manju Signature Not Verified SAN Digitally signed by MANJU CHOUKSEY Date: 2022.03.26 12:13:15 IST

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