IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE MANINDER S. BHATTI ON THE 2^nd OF NOVEMBER, 2022 WRIT PETITION No. 23161 of 2022 BETWEEN:-

1. SUNIL KUMAR HARIJAN S/O RAJBHOR HARIJAN, AGED ABOUT 28 YEARS, OCCUPATION: BY CONSTABLE ROLL NO. 772107 GD 6TH BN SAF JABALPUR (MADHYA PRADESH)

2. YASHPAL DEHARIYA S/O MUNIRAM DEHARIYA, AGED ABOUT 31 YEARS, OCCUPATION: CONSTABLE ROLL NO.807487 GD 8TH BN SAF CHHINDWARA (MADHYA PRADESH)

3. AMAR BRAMHWANSHI S/O MUNNA LAL, AGED ABOUT 35 YEARS, OCCUPATION: CONSTABLE ROLL NO.521305 GD 8TH BN SAF CHHINDWARA (MADHYA PRADESH)

4. DURGESH DEHARIYA S/O KHOOBCHAND DEHARIYA, AGED ABOUT 35 YEARS, OCCUPATION: CONSTABLE ROLL NO.575270 GD 8TH BN SAF CHHINDWARA (MADHYA PRADESH)

5. YOGENDRA DEHARIYA S/O SITARAM DEHARIYA, AGED ABOUT 29 YEARS, OCCUPATION: CONSTABLE ROLL NO.808014 GD

6TH BN SAF JABALPUR (MADHYA PRADESH)

6. UMASHANKAR BUDDHA S/O RAMLAL BUDDHA, AGED ABOUT 35 YEARS, OCCUPATION: CONSTABLE ROLL NO.714597 GD 6TH BN SAF JABALPUR (MADHYA PRADESH)

7. DINESH KUMAR CHOUDHARY S/O BHOOPAT SINGH, AGED ABOUT 30 YEARS, OCCUPATION: CONSTABLE ROLL NO.744075 GD 6TH BN SAF JABALPUR (MADHYA PRADESH)

8. GYANENDRA KUMAR CHANDRAWANSHI S/O RAM KAILASH CHANDRAVANSHI, AGED ABOUT 35 YEARS, OCCUPATION: CONSTABLE ROLL NO.504113 GD 6TH BN SAF JABALPUR Signature Not Verified (MADHYA PRADESH)

9. LOVE KUMAR MORLE S/O GOPAL PRASAD MORLE, AGED ABOUT 33 YEARS, OCCUPATION: CONSTABLE ROLL NO.5254215 GD 23RD BN SAF BHOPAL (MADHYA PRADESH)

10. PANKAJ BARDE S/O SHRIRAM BARDE, AGED ABOUT 29 YEARS, OCCUPATION: CONSTABLE ROLL NO.522786 GD 8TH BN SAF CHHINDWARA (MADHYA PRADESH)

11. AKASH NAYAK S/O RAMBHUVAN, AGED ABOUT

3 YEARS, OCCUPATION: CONSTABLE ROLL NO.79041 GD 6TH BN SAF JABALPUR (MADHYA PRADESH)

12. GOVIND PRASAD S/O BHAGWAN DAS, AGED ABOUT 34 YEARS, OCCUPATION: CONSTABLE ROLL NO.579988 GD 6TH BN SAF JABALPUR (MADHYA PRADESH)

13. SANJEEV JHAWARE S/O ASHOK JHAWARE, AGED ABOUT 34 YEARS, OCCUPATION: CONSTABLE ROLL NO.656784 GD 23RD BN SAF BHOPAL (MADHYA PRADESH)

.....PETITIONER (BY SHRI PAWAN KUMAR SINGH SENGAR, ADVOCATE)

AND

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

2. THE DIRECTOR GENRAL OF POLICE POLICE HEADQUARTERS JAHANGIRABAD (MADHYA PRADESH)

3. THE ADDITIONAL DIRECTOR GENERAL OF POLICE (SELECTION) P.H.Q. JAHANGIRABAD BHOPAL M.P. (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI PRAMOD KUMAR PANDEY, GOVERNMENT ADVOCATE)

This petition coming on for admission this day, the court passed the following:

Signature Not Verified

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. He has also drawn attention of this Court to Annexure-P/3 at page No.19 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.

Shri Pramod Kumar Pandey, learned Government Advocate while taking this Court to paragraph 4 of the writ petition submits that the cause suffers from delay and laches inasmuch as, after decision in Civil Appeal No.7663/2021 (Praveen Kumar Kurmi vs. The State of M.P. and Ors.), the petitioners have filed this petition, therefore, there is a futile attempt by the petitioners to revive a stale claim.

Under the circumstances, the petition is disposed of with a direction to the respondents No. 2 and 3 to consider the representation of the petitioners as well as objection raised by the respondents, within a period of 60 days in light of the judgment of the Supreme Court in Civil Appeal No.7663