Madhya Pradesh High Court
Vikas Pal vs The State Of Madhya Pradesh on 30 September, 2022
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 30th OF SEPTEMBER, 2022
WRIT PETITION No. 22565 of 2022
BETWEEN:-
1. VIKAS PAL S/O RADHESHYAM PAL, AGED
ABOUT 35 YEARS, OCCUPATION: CONSTABLE
32TH BN SAF UJJAIN ROLL NO. 20991353
(MADHYA PRADESH)
2. RUPESH PANWAR S/O SURESH CHANDRA
PANWAR, AGED ABOUT 35 YEARS,
OCCUPATION: CONSTABLE GD POSTED
PRESENT AT 32ND BN SAF DHAR ROLL NO.
23799699 (MADHYA PRADESH)
3. NITESH LANDEY S/O BABA SESHRAO LANDEY,
AGED ABOUT 30 YEARS, OCCUPATION:
CONSTABLE GD POSTED PRESENT AT 32ND BN
SAF UJJAIN ROLL NO. 21194689 (MADHYA
PRADESH)
4. ASHOK BIRLA S/O PREMLAL BIRLA, AGED
ABOUT 34 YEARS, OCCUPATION: CONTABLE GD
POSTED PRESENT AT 32ND BN SAF UJJAIN (MP)
ROLL NO. 21069929 (MADHYA PRADESH)
5. YOGENDRA SINGH THAKUR S/O UMESH
KUMAR THAKUR, AGED ABOUT 24 YEARS,
OCCUPATION: CONSTABLE GD POSTED
PRESENT AT 1ST BN SAF INDORE (MP) ROLL
NO. 20773912 (MADHYA PRADESH)
6. BALRAM SINGH S/O YUVRAJ SINGH, AGED
ABOUT 31 YEARS, OCCUPATION: CONSTABLE
GD POSTED PRESENT AT 32ND BN SAF UJJAIN
(MP) ROLL NO. 20974268 (MADHYA PRADESH)
7. MANOJ KUMAR YADAV S/O VIJAYPAL YADAV,
AGED ABOUT 24 YEARS, OCCUPATION:
CONSTABLE GD POSTED PRESENT AT 32ND BN
SAF UJJAIN (MP) ROLL NO. 21158617 (MADHYA
PRADESH)
8. ASHOK KUMAR GAUR S/O RODI LAL GAUR,
Signature Not Verified
Signed by: KHEMRAJ JOSHI
Signing time: 30-09-2022
17:07:37
2
AGED ABOUT 32 YEARS, OCCUPATION:
CONSTABLE GD POSTED PRESENT AT 24TH BN
SAF JAORA RATLAM (MP) ROLL NO. 20938135
(MADHYA PRADESH)
9. VIJAY KUMAR BHATT S/O VENIRAM BHATT,
AGED ABOUT 27 YEARS, OCCUPATION:
CONSTABLE GD POSTED PRESENT AT 24TH BN
SAF JAORA RATLAM (MP) ROLL NO. 20926082
(MADHYA PRADESH)
10. BADRI LAL KATKAR S/O NARAYAN KATKAR,
AGED ABOUT 27 YEARS, OCCUPATION:
CONSTABLE GD POSTED PRESENT AT 32ND BN
SAF UJJAIN (MP) ROLL NO. 21052622 (MADHYA
PRADESH)
11. RAJAT S/O MAHESH, AGED ABOUT 28 YEARS,
OCCUPATION: CONSTABLE GD POSTED
PRESENTED AT 24TH BN SAF JAORA RATLAM
(MP) ROLL NO. 20892735 (MADHYA PRADESH)
12. MAHENDRA SINGH PANWAR S/O GEETARAM
PANWAR, AGED ABOUT 26 YEARS,
OCCUPATION: CONSTABLE GD POSTED
PRESENT AT 24TH BN SAF JAORA RATLAM (MP)
ROLL NO. 20761790 (MADHYA PRADESH)
13. VIPIN PATEL S/O SANTOSH PATEL, AGED
ABOUT 27 YEARS, OCCUPATION: CONSTABLE
GD POSTED PRESENT AT 24TH BN SAF JAORA
RATLAM (MP) ROLL NO. 21079396 (MADHYA
PRADESH)
14. DEEPAK VILAVLIYA S/O KAILASH CHANDRA
BILAVIYA, AGED ABOUT 27 YEARS,
OCCUPATION: CONSTABLE GD POSTED
PRESENT AT 24TH BN SAF JAORA RATLAM (MP)
ROLL NO. 20697566 (MADHYA PRADESH)
15. CHANCHAL KUSHWAHA S/O MOHAN, AGED
ABOUT 28 YEARS, OCCUPATION: CONSTABLE
GD POSTED PRESENT AT 24TH BN SAF JAORA
RATLAM (MP) ROLL NO. 21281346 (MADHYA
PRADESH)
16. MANISH PARMAR S/O RAMESH CHANDRA,
AGED ABOUT 29 YEARS, OCCUPATION:
CONSTABLE GD POSTED PRESENT AT 24TH BN
SAF JAORA RATLAM (MP) BATCH NO. 619
ROLLNO. 23796475 (MADHYA PRADESH)
Signature Not Verified
Signed by: KHEMRAJ JOSHI
Signing time: 30-09-2022
17:07:37
3
17. YOGENDRA PANWAR S/O SHANKAR SINGH
PANWAR, AGED ABOUT 23 YEARS,
OCCUPATION: CONSTABLE GD POSTED
PRESENT AT 32ND BN SAF UJJAIN (MP) ROLL
NO. 21075401 (MADHYA PRADESH)
18. ROHIT KUMAR S/O RAMSUJAN SONI, AGED
ABOUT 26 YEARS, OCCUPATION: CONSTABLE
GD POSTED PRESENT AT BN SAF (MP) ROLL NO.
21130233 (MADHYA PRADESH)
19. DEVENDRA VAISHNAV S/O OM PRAKASH
VAISHNAV, AGED ABOUT 28 YEARS,
OCCUPATION: CONSTABLE GD POSTED
PRESENT AT 24TH BN SAF JAORA RATLAM (MP)
ROLL NO. 21361395 (MADHYA PRADESH)
20. PRAKASH CHANDRA S/O GOVIND PATIDAR,
AGED ABOUT 32 YEARS, OCCUPATION:
CONSTABLE GD POSTED PRESENT AT 32ND BN
SAF UJJAIN (MP) ROLL NO. 21022822 (MADHYA
PRADESH)
21. RAKESH KASANIYA S/O BONDAR SINGH, AGED
ABOUT 29 YEARS, OCCUPATION: CONSTABLE
GD PRESENT AT 1ST BN SAF INDORE BATCH
ROLL NO. 20752135 INDORE (MADHYA
PRADESH)
22. AMITESH KUMAR VISHWAKARMA S/O RAJESH
VISHWAKARMA, AGED ABOUT 30 YEARS,
OCCUPATION: CONSTABLE GD PRESENT AT BN
SAF INDORE BATCH ROLL NO. 21283642 NOT
MENTION (MADHYA PRADESH)
23. RAJIL THAKRE S/O RAM CHAND THAKRE,
AGED ABOUT 26 YEARS, OCCUPATION:
CONSTABLE GD POSTED PRESENT AT 32ND BN
SAF UJJAIN BATCH ROLL NO. 21090488 UJJAIN
(MADHYA PRADESH)
24. SHUBHAM GOYAL S/O MADAN LAL GOYAL,
AGED ABOUT 27 YEARS, OCCUPATION:
CONSTABLE GD PRESENT AT 32ND BN SAF
UJJAIN BATCH ROLL NO. 20880360 UJJAIN
(MADHYA PRADESH)
25. VINOD PATIDAR S/O PANDHRI PATIDAR, AGED
ABOUT 31 YEARS, OCCUPATION: CONSTABLE
GD PRESENT AT 34TH BN SAF DHAR BATCH
ROLL NO. 20870096 DHAR (MADHYA PRADESH)
Signature Not Verified
Signed by: KHEMRAJ JOSHI
Signing time: 30-09-2022
17:07:37
4
26. MUKESH PAWAR S/O DATTARAW PAWAR,
AGED ABOUT 32 YEARS, OCCUPATION:
CONSTABLE GD POSTED PRESENT AT 34TH BN
SAF DHAR BATCH ROLL NO. 21039164 DHAR
(MADHYA PRADESH)
27. SHUBHAM PATIDAR S/O BALRAM PATIDAR,
AGED ABOUT 29 YEARS, OCCUPATION:
CONSTABLE GD POSTED PRESENT AT 34TH BN
SAF DHAR BATCH ROLL NO. 20993272 DHAR
(MADHYA PRADESH)
28. DHARMENDRA YADAV S/O JAGDISH YADAV,
AGED ABOUT 26 YEARS, OCCUPATION:
CONSTABLE GD POSTED PRESENT AT 34TH BN
SAF DHAR BATCH ROLL NO. 21058571 DHAR
(MADHYA PRADESH)
29. RAVINDRA SONI S/O MADANLAL SONI, AGED
ABOUT 23 YEARS, OCCUPATION: CONSTABLE
GD POSTED PRESENT AT 34TH BN SAF DHAR
BATCH ROLL NO. 21024704 DHAR (MADHYA
PRADESH)
30. HARENDRA SINGH RATHORE S/O SURENDRA
SINGH RATHORE, AGED ABOUT 31 YEARS,
OCCUPATION: CONSTABLE GD POSTED
PRESENT AT 15TH BN SAF INDORE BATCH
ROLL NO. 24367303 INDORE (MADHYA
PRADESH)
31. BIJENDRA S/O SARNAM, AGED ABOUT 31
YEARS, OCCUPATION: CONSTABLE GD POSTED
PRESENT AT 15TH BN SAF INDORE BATCH
ROLL NO. 20843141 INDORE (MADHYA
PRADESH)
32. KRISHAN KUSHWAHA S/O CHHIDI KUSHWAHA
OCCUPATION: CONSTABLE GD POSTED
PRESENT AT 15TH BN SAF INDORE BATCH
ROLL NO. 20605495 INDORE (MADHYA
PRADESH)
33. RAJENDRA GURJAR S/O ATAR SINGH
OCCUPATION: CONSTABLE GD POSTED
PRESENT AT 15TH BN SAF INDORE BATCH
ROLL NO. 20850431 INDORE (MADHYA
PRADESH)
34. DEEWAN SINGH OCCUPATION: CONSTABLE GD
POSTED PRESENT AT 15TH BN SAF INDORE
Signature Not Verified
Signed by: KHEMRAJ JOSHI
Signing time: 30-09-2022
17:07:37
5
BATCH ROLL NO. 2112698 INDORE (MADHYA
PRADESH)
35. VIPIN SARATHE S/O SHARDA SARATHE, AGED
ABOUT 24 YEARS, OCCUPATION: CONSTABLE
GD POSTED PRESENT AT 15TH BN SAF INDORE
BATCH ROLL NO. 20515020 INDORE (MADHYA
PRADESH)
36. DHEERAJ RATHORE S/O GURI SHANKAR
RATHORE, AGED ABOUT 29 YEARS,
OCCUPATION: CONSTABLE GD POSTED
PRESENT AT 15TH BN SAF INDORE BATCH
ROLL NO. 20790230 INDORE (MADHYA
PRADESH)
37. RAHUL SINGH CHOUHAN S/O JASWANT SINGH,
AGED ABOUT 27 YEARS, OCCUPATION:
CONSTABLE GD POSTED PRESENT AT 15TH BN
SAF INDORE BATCH ROLL NO. 21015042
INDORE (MADHYA PRADESH)
38. PRAKASH PRAJAPAT S/O LALCHAND
PRAJAPAT, AGED ABOUT 31 YEARS,
OCCUPATION: CONSTABLE GD POSTED
PRESENT AT 1ST BN SAF INDORE BATCH ROLL
NO. 20987788 INDORE (MADHYA PRADESH)
39. RINKU SINGH S/O SHRIPATI SINGH, AGED
ABOUT 31 YEARS, OCCUPATION: CONSTABLE
GD POSTED PRESENT AT 15TH BN SAF INDORE
BATCH ROLL NO. 20711277 INDORE (MADHYA
PRADESH)
40. PRAKUL PATIDAR THR GUARDIANSHIP
MOTHER DIKSHA PATIDAR W/O LATE SHRI
VINOD PATIDAR, AGED ABOUT 30 YEARS,
OCCUPATION: CONSTABLE GD POSTED
PRESENT AT 34TH BN SAF DHAR BATCH ROLL
NO. 24394849 DHAR (MADHYA PRADESH)
41. ARJUN LAVVANSHI S/O BIRAM LAL
LAVVANSHI, AGED ABOUT 25 YEARS,
OCCUPATION: CONSTABLE GD POSTED
PRESENT AT 34TH BN SAF DHAR BATCH ROLL
NO. 23663599 DHAR (MADHYA PRADESH)
42. SHUBHAM PATEL S/O RADHESHYAM PATEL,
AGED ABOUT 30 YEARS, OCCUPATION:
CONSTABLE GD POSTED PRESENT AT 24TH BN
SAF JAORA RATLAM BATCH ROLL NO. 21353668
RATLAM (MADHYA PRADESH)
Signature Not Verified
Signed by: KHEMRAJ JOSHI
Signing time: 30-09-2022
17:07:37
6
43. GOPAL MANDLOI S/O MURARILAL MANDLOI,
AGED ABOUT 32 YEARS, OCCUPATION:
CONSTABLE GD POSTED PRESENT AT 32TH BN
SAF UJJAIN ROLL NO. 21365612 UJJAIN
(MADHYA PRADESH)
44. RAHUL DANGI S/O DINESH CHANDRA DANGI,
AGED ABOUT 30 YEARS, OCCUPATION:
CONSTABLE GD POSTED PRESENT AT 32TH BN
SAF UJJAIN ROLL NO. 20958583 UJJAIN
(MADHYA PRADESH)
45. SUDHIR RAJAK S/O SURESH RAJAK, AGED
ABOUT 30 YEARS, OCCUPATION: CONSTABLE
GD POSTED PRESENT AT 24TH BN SAF JAORA
R A T L A M ROLL NO. 20683993 RATLAM
(MADHYA PRADESH)
46. NITESH SONI S/O KESH LAL SONI, AGED ABOUT
30 YEARS, OCCUPATION: CONSTABLE GD
POSTED PRESENT AT 24TH BN SAF JAORA
ROLL NO. 21366440 JAORA (MADHYA PRADESH)
47. BALRAM PATIDAR S/O DALURAM PATIDAR,
AGED ABOUT 30 YEARS, OCCUPATION:
CONSTABLE GD POSTED PRESENT AT 24TH BN
SAF JAORA RATLAM ROLL NO. 21059105
RATLAM (MADHYA PRADESH)
48. RAVINDRA BIRLA S/O NAND RAM BIRLA,
AGED ABOUT 30 YEARS, OCCUPATION:
CONSTABLE GD POSTED PRESENT AT 24TH BN
SAF JAORA RATLAM BATCH ROLL NO. 20862557
RATLAM (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI IMRAN KHAN, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH PRINCIPAL
SECRETARY HOME DEPARTMENT
MANTRALAYA, VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
2. DIRECTOR GENERAL OF POLICE POLICE
HEAD QUARTER S JAHANGIRABAD BHOPAL
(MADHYA PRADESH)
3. ADDITIONAL DIRECTOR GENERAL OF POLICE
S E L E C T I O N POLICE HEADQUARTERS
Signature Not Verified
Signed by: KHEMRAJ JOSHI
Signing time: 30-09-2022
17:07:37
7
JAHANGIRABAD BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
(BY MS. HARSHLATA SONI, P.L.)
T h is petition coming on for orders this day, t h e cou rt passed the
following:
ORDER
They are heard.
Learned counsel for the petitioners submits that a representation of the subject matter of this petition is pending before the respondents No.1 to
3. Counsel has also drawn attention of this Court to Annexure -P/3, at page No. 33 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.
Under the circumstances, the petition is disposed of with a request to the respondents No.2 and 3 to consider the representation of the petitioners 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 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 Signature Not Verified herein.
Signed by: KHEMRAJ JOSHI Signing time: 30-09-2022 17:07:37 8With the aforesaid, the petition is finally disposed of. The Court makes it clear that it has not passed any observations on the merit of the case and the said representations be decided strictly in accordance with law uninfluenced by the observations of this Court.
Certified copy, as per rules.
(SUBODH ABHYANKAR) JUDGE krjoshi Signature Not Verified Signed by: KHEMRAJ JOSHI Signing time: 30-09-2022 17:07:37