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2023 Supreme(Online)(MP) 3256
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK AGARWAL th ON THE 15 OF MAY, 2023 WRIT PETITION No. 10417 of 2023 BETWEEN:- 1. DEEPAK CHOUBEY S/O SHRI, MANOJ KUMAR CHOBEY, AGED ABOUT 29 YEARS, OCCUPATION: SERVICE R/O HUNMANGANJ KURWAI VIDISHA AT PRESENT RESIDENT OF MAVAI DISTRICT MANDLA M.P (MADHYA PRADESH)
2. ARUN DANGI S/O SHRI KARAN SINGH DANGI, AGED ABOUT 33 YEARS, OCCUPATION: SERVICE R/O SHYAMPUR POST GUDAWAL DISTRICT VIDISHA AT PRESENT RESIDENT OF VILLAGE POUNDI MAVAI DISTRICT MANDLA ROLL NO.
23212289 (MADHYA PRADESH)
3. VIKRAM SINGH RAWAR S/O SHRI RAMHED SINGH RAWAT, AGED ABOUT 33 YEARS, OCCUPATION: SERVICE R/O VILLAGE URHARA POST CHHARA TEHSIL JOURA DISTRICT MORENA ROLL NO. 22716939 (MADHYA PRADESH)
4. DHARMENDRA ATHIYA S/O SHRI BELDEV PRASAD ATHIYA, AGED ABOUT 33 YEARS, OCCUPATION: SERVICE R/O WARD NO.6, RAHATGRAH DISTRICT SAGAR ROLL NO.
23204644 (MADHYA PRADESH)
5. GAJENDRA MEENA S/O SHRI UMASHANKAR MEENA, AGED ABOUT 26 YEARS, OCCUPATION: SERVICE R/O VILLAGE TONGA POST DEOPUR MAFI DISTRICT MORENA ROLL NO. 22645125 (MADHYA PRADESH)
6. BALLU RAWAT S/O SHRI MUNNA LAL RAWAT, AGED ABOUT 32 YEARS, OCCUPATION: SERVICE R/O VILLAGE BHOPATPUR TEHSIL JOURA DISTRICT MORENA ROLL NO. 22636713 (MADHYA PRADESH)
7. GUDDI PATEL D/O SHRI RAM MILAN PATEL, AGED ABOUT 27 YEARS, OCCUPATION: SERVICE R/O VILLAGE JHAMTULI CHHATARPUR ROLL NO.
23163246 (MADHYA PRADESH)
8. ROOPENDRA S/O SHRI RAMSWAROOP CHADAR, AGED ABOUT 24 YEARS, OCCUPATION: SERVICE R/O BANDRAVATHA POST KURWAL DISTRICT VIDISHA ROLL NO. 23142551 (MADHYA PRADESH)
9. SANTOSH SINGH BELDAR S/O SHRI MANGAL PRASAD BELDAR, AGED ABOUT 38 YEARS, OCCUPATION: SERVICE R/O KANTHI MUHALLA LAVKUSHNAGAR DISTRICT CHHATARPUR ROLL NO. 74506632 (MADHYA PRADESH)
10. RAJBEER SINGH MEENA S/O SHRI RAGHUNATH SINGH MEENA, AGED ABOUT 29 YEARS, OCCUPATION: SERVICE R/O KEMRA KALAN TEHSIL SABALGRAH MORENA AT PRESENT RESIDENT OF CHOONA BHATTI KE PASS KOLAR ROAD BHOPAL ROLL NO. 22752285 (MADHYA PRADESH)
11. PAPPU MEENA S/O SHRIMADHAU LAL MEENA, AGED ABOUT 29 YEARS, OCCUPATION: SERVICE R/O VILLAGE DIROLI POST BADI DISTRICT GUNA AT PRESENT RESIDENT OF AHYODHYA BYPASS ROAD BHOPAL ROLL NO. 22706673 (MADHYA PRADESH)
12. HEMENDRA SINGH RAJPOOT S/O SHRI VIKRAM SINGH RAJPOOT, AGED ABOUT 27 YEARS, OCCUPATION: SERVICE R/O VILLAGE BANSA HEAD KLA DISTRICT GUNA AT PRESENT RESIDENT OF ANSHAL VIHAR COLONY KOLAR BHOPAL ROLL NO. 22899017 (MADHYA PRADESH)
.....PETITIONER (BY SHRI ANJANI KUMAR KORI - ADVOCATE)
AND
1. STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY SCHOOL EDUCATION DEPARTMENT VALLABH BHAWAN, (MADHYA PRADESH)
2. COMMISSIONER, PUBLIC INSTRUCTIONS GAUTAM NAGAR, BHOPAL (MADHYA PRADESH)
3. COMMISSIONER / ASST. COMMISSIONER TRIBAL WELFARE DEPARTMENT, BHOPAL DISTRICT BHOPAL (MADHYA PRADESH)
4. PROFESSIONAL EXAMINATION BOARD, THROUGH ITS DIRECTOR CHAYAN BHAWAN, MAIN ROAD NO.1 CHINAR PARK (EAST), BHOPAL (MADHYA PRADESH)
.....RESPONDENTS (BY MS. SWATI ASEEM GEORGE - GOVERNMENT ADVOCATE)
This petition coming on for admission this day, the court passed the following:
Rameshwar Singh Thakur,Advocate General
ORDER
Learned counsel for the petitioner submits that this case is at par with the order dated 01.05.2023 passed in WP No.9838/2023 wherein it is ordered that :
"Petitioners' contention is that their case is squarely covered by the decision dated 19/04/2023 passed in Writ Petition No.8479/2023, wherein placing reliance on the judgment of the Supreme Court in Civil Appeal No. 7663/2021 Praveen Kumar Kurmi Vs. The State of Madhya Pradesh and others, the coordinate Bench had directed to consider the grievance of the petitioner. It is submitted that this case is at par with the order passed by the Coordinate Bench and shall apply mutatis mutandis to the facts of the present case also.
This question is not disputed by the learned Government Advocate.
Accordingly, this petition is disposed of in the same terms and it is held that order of Coordinate Bench dated 19/04/2023, passed in Writ Petition No.8479/2023 shall apply mutatis mutandis to the facts of the present case also.
In above terms, the petition is disposed of"
Taking these facts into consideration, this petition is disposed off in the same terms in which WP No.9838/2023 was decided by this bench and it is held that the said judgment shall apply mutatis mutandis to the facts and circumstances of the present case.
(VIVEK AGARWAL)
V. JUDGE
