Madhya Pradesh High Court
Brajesh Pathak vs The State Of Madhya Pradesh on 6 September, 2022
Author: Chief Justice
Bench: Ravi Malimath, Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 6 th OF SEPTEMBER, 2022
MISC. CIVIL CASE No. 2090 of 2022
BETWEEN:-
1. BRAJESH PATHAK S/O SHRI MOHAN LAL
PATHAK, AGED ABOUT 29 YEARS, OCCUPATION:
GUEST TEACHER 203 KEOLARI KALAN KESLI
SAGAR (MADHYA PRADESH)
2. RAJESH PANDEY S/O SHRI NARAYAN PANDEY,
AGED ABOUT 26 YEARS, OCCUPATION: GUEST
TEACHER R/O VILLAGE NIVARI POST DEORI,
TEHSIL AND DISTRICT PANNA (MADHYA
PRADESH)
3. SAVITA PATEL W/O SHRI MANOHAR SINGH
PATEL, AGED ABOUT 26 YEARS, OCCUPATION:
GUEST TEACHER R/O H.NO. 75 TUMBA POST
TUMBA TEHSIL GADARWARA DISTRICT
NARSINGHPUR (MADHYA PRADESH)
4. RAJKUMAR AWASTHI S/O SHRI RAMKRIPAL
AWASTHI, AGED ABOUT 33 YEARS, OCCUPATION:
GUEST TEACHER R/O WARD NO 19 JK CYBER
CAFE OLD PANNA NAKA CHHATARPUR TEHSIL
AND DISTRICT CHHATARPUR (MADHYA
PRADESH)
5. SHAILENDRA UPADHYAY S/O SHRI
HAR IN AR AYAN UPADHYAY, AGED ABOUT 26
YEARS, OCCUPATION: GUEST TEACHER R/O H.NO.
57 WARD NO. 7 SAMNAPUR GUTORI KESIL SAGAR
DISTRICT SAGAR (MADHYA PRADESH)
Signature Not Verified
6. BRAJESH KUMAR JAIN S/O SHRI MAHENDRA
KUMAR JAIN, AGED ABOUT 29 YEARS,
SAN
Digitally signed by PREM SHANKAR
OCCUPATION: GUEST TEACHER R/O RAM
MISHRA
Date: 2022.09.08 10:07:28 IST HALAWAAI POST RAM TAURIYAN TEHSIL
GHUWARA DISTRICT CHHATARPUR (MADHYA
2
PRADESH)
7. MANOJ KUMAR LODHI S/O SHRI LAKHAN LAL
LODHI, AGED ABOUT 25 YEARS, OCCUPATION:
GUEST TEACHER R/O VILLAGE KEKRA TEHSI
AND DISTRICT RAISEN (MADHYA PRADESH)
8. AKSHAYA VISHWAKARMA S/O SHRI VVINOD
KUMAR VISHWAKARMA, AGED ABOUT 25 YEARS,
OCCUPATION: GUEST TEACHER R/O 56
NARMADA COLONY DEORI UDAIPURA RAISEN
DISTRICT RAISEN DISTRICT RAISEN (MADHYA
PRADESH)
.....PETITIONERS
(BY MS. LAVANYA VERMA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH ITS
PRINCIPAL SECRETARY SCHOOL EDUCATION
DEPARTMENT MANTRALAYA VALLABH BHAWAN
DISTRICT BHOAPL (MADHYA PRADESH)
2. STATE OF MP THROUGH ITS PRINCIPAL
SECR ETARY TRIBAL WELFARE DEPARTMENT
MANTRALAYA, BHOPAL VALLABH BHAWAN
DISTRICT BHOPAL (MADHYA PRADESH)
3. THE COMMISSIONER TRIBAL WELFARE
DEPARTMENT BHOPAL SATPURA BHAWAN
DISTRICT BHOPAL (MADHYA PRADESH)
4. THE DIRECTOR PUBLIC INSTRUCTION MADHYA
PR A D ES H NEAR CHETAK BRIDGE, BHOPAL
(MADHYA PRADESH)
5. THE COMMISSIONER PUBLIC INSTRUCTIONS
B H O PA L NEAR CHETAK BRIDGE, GAUTAM
NAGAR, BHOPAL (MADHYA PRADESH)
6. THE CONTROLLER PROFESSIONAL
EXAMINATION BOARD, BHOPAL CHAYAN
BHAWAN, MAIN ROAD NO. 1, CHINAR PARK
(EAST) BHOPAL MADHYA PRADESH (MADHYA
PRADESH)
Signature Not Verified
SAN
.....RESPONDENTS
Digitally signed by PREM SHANKAR
MISHRA
Date: 2022.09.08 10:07:28 IST (MR. AMIT SETH - DEPUTY ADVOCATE GENERAL FOR RESPONDENTS
NO.1 TO 5/STATE)
3
T h is application coming on for admission this day, Hon'ble Shri
Justice Ravi Malimath, Chief Justice passed the following:
ORDER
An application is filed seeking to strike off pleadings at para 4 and 5 of the petition.
For the reasons assigned, the same is accepted. Petitioner is permitted to strike off pleadings at para 4 and 5 of the petition.
This M.C.C. has been filed seeking restoration of W.P. No.7075 of 2020, which was dismissed for want of prosecution vide order dated 11.02.2022.
In view of the admitted negligence and the regret expressed by the learned counsel for the petitioner, the same is allowed. The order dated 11.02.2022 passed in W.P. No.7075 of 2020 is recalled subject to counsel paying cost of Rs.5,000/- in the Registry of this Court within a period of one week from today.
W.P. No.7075 of 2020 be restored to its file subject to aforesaid compliance.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
psm
Signature Not Verified
SAN
Digitally signed by PREM SHANKAR
MISHRA
Date: 2022.09.08 10:07:28 IST