IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL DHAGAT ON THE 7^th OF SEPTEMBER, 2022 WRIT PETITION No. 10573 of 2022 BETWEEN:-

1. BRIJESH RAIKWARE S/O SHRI MAHESH RAIKWARE, AGED ABOUT 27 YEARS, OCCUPATION: CONSTABLE (G.D.), POSTED AT PRESENT 10TH BATTALION S.A.F., SAGAR, DISTT. SAGAR (MADHYA PRADESH)

2. HARIOM YADAV S/O SHRI SHIVSHANKAR YADAV, AGED ABOUT 29 YEARS, OCCUPATION: CONSTABLE (GD) POSTED AT PRESENT 10TH BATTALION, S.A.F., SAGAR DISTT. SAGAR M.P.

(MADHYA PRADESH)

3. CHHOTU DHAKAR S/O SHRI JAGDISH DHAKAR, AGED ABOUT 24 YEARS, OCCUPATION: CONSTABLE (GD) POSTED AT PRESENT 10TH BATTALION, S.A.F., SAGAR DISTT. SAGAR M.P.

(MADHYA PRADESH)

4. RAJU RATHOR S/O SHRI BHAMRLAL RATHOR, AGED ABOUT 30 YEARS, OCCUPATION: CONSTABLE (GD) POSTED AT PRESENT 10TH BATTALION, S.A.F., SAGAR DISTT. SAGAR M.P.

(MADHYA PRADESH)

5. BALLU VERMA S/O SHRI RADHESHYAM VERMA, AGED ABOUT 30 YEARS, OCCUPATION: CONSTABLE (GD) POSTED AT PRESENT 10TH BATTALION, S.A.F., SAGAR DISTT. SAGAR M.P.

(MADHYA PRADESH)

6. RAJKUMAR PANCHAL S/O SHRI RADHE SHYAM PANCHAL, AGED ABOUT 27 YEARS, OCCUPATION: CONSTABLE (GD) POSTED AT PRESENT 10TH BATTALION, S.A.F., SAGAR DISTT. SAGAR M.P. (MADHYA PRADESH)

7. YUVRAJ JATAV S/O SHRI PARMANAND JATAV, AGED ABOUT 27 YEARS, OCCUPATION: CONSTABLE (MOCHI) JAY PRAKASH WARD KARELI NARSINGHPUR (MADHYA PRADESH)

Signature Not Verified Signed by: SUNIL KUMAR

8. RAMAKANT KHANGAR S/O SHRI SHIVSARAN KHANGAR, AGED ABOUT 27 YEARS, OCCUPATION: CONSTABLE (GD) POSTED AT PRESENT 10TH BATTALION, S.A.F., SAGAR DISTT. SAGAR M.P. (MADHYA PRADESH)

9. TARUN KUMAR PATEL S/O SUKHLAL PATEL, AGED ABOUT 25 YEARS, OCCUPATION: CONSTABLE (GD) POSTED AT PRESENT 10TH BATTALION, S.A.F., SAGAR DISTT. SAGAR M.P.

(MADHYA PRADESH)

10. SACHIN S/O RAJENDRA, AGED ABOUT 28 YEAR S , OCCUPATION: CONSTABLE (GD) POSTED AT PRESENT 10TH BATTALION, S.A.F., SAGAR DISTT. SAGAR M.P. (MADHYA PRADESH)

11. PIYOOSH CHOURASIYA S/O SHRI BRAJESH KUMAR, AGED ABOUT 24 YEARS, OCCUPATION: CONSTABLE (GD) POSTED AT BATTALION SAF JABALPUR M.P. (MADHYA PRADESH)

.....PETITIONERS (BY SHRI D.K. TRIPATHI - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF HOME DEPARTMENT VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. DIRECTOR GENERAL OF POLICE POLICE HEADQUARTERS JAHANGIRBAD BHOPAL (MADHYA PRADESH)

3. ADDITIONAL DIRECTOR GENERAL OF POLICE (SELECTION ) POLICE HEADQUARTERS JAHANGIRBAD BHOPAL (MADHYA PRADESH)

4. PROFESSIONAL EXAMINATION BOARD, BHOPAL THROUGH ITS SECRETARY CHAYAN BAHWAN MAIN ROAD NO. 1 CHINAR PARK EAST BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI PRAMOD KUMAR PANDEY - GOVT. ADVOCATE)

This petition coming on for hearing this day, the court passed the Signature Not Verified Signed by: SUNIL KUMAR following:

ORDER

Learned counsel for the petitioners submits that a representation of the subject matter of this petition is pending before the respondents No.1, 2 and 3. They have also drawn the attention of this Court to 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 off 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 the 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 herei