High CourtsDivision Bench(2020) 06 MP CK 0197

Dr. (Ms.) Maya Sharma vs State Of M.P. & Others

Madhya Pradesh High Court · Decided on 12 June 2020

HON’BLE JUDGES
S. C. Sharma, J · S. K. Awasthi, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No.19743, 21042 Of 2019, 1415 Of 2020

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Judgment

23 paragraphs · 418 words

Regard being had to the similitude in the controversy involved in the present cases, the writ petitions were analogously heard and by a common order,

they are being disposed of by this Court. Facts of Writ Petition No.19743/2019 are narrated hereunder.

There is an unnumbered Interlocutory application filed by the petitioner for disposal of the present writ petition stating that the controversy involved in

the present case stands concluded on account of a judgment delivered in W.P. No.19126/2019 (Pinki Asati v/s The State of Madhya Pradesh) dated

29.04.2020.

Paragraph 43 and 44 of the aforesaid judgment reads as under:-

“43. In view of the aforesaid discussion and clear enunciation of law by the Apex Court in the cases of Rajesh Kumar Daria (supra) and Mamta Bisht and others

(supra), we are of the considered opinion that the impugned select list is vulnerable and deserves to be lanceted in exercise of extraordinary jurisdiction of 46 this

Court. Therefore, we quash the revised select list prepared by the respondents and direct that a merit list will be drawn afresh by making fresh allotment of seats

keeping in view the provisions of Rule 3 of the 1997 Rules, which prescribes horizontal and compartment-wise reservation for each category, i.e. General/OBC/SC/ST,

meaning thereby 33% reservation will be made for 4 â€" SC(F); 4-ST(F), 6-OBC(F) and 12-UNRF categories. Exercise in that regard, shall be carried out in quite

promptitude, preferably within a period of two months from the date of receipt of certified copy of this order.

44.

Ex-consequenti, the writ petitions are disposed of, as indicated hereinabove. However, in the facts and circumstances of the case there shall be no order as to

costs.â€​

Learned counsel for the petitioner has fairly stated before this Court that lis involved in the present case has already been decided by the Division

Bench of this Court presided over by Hon'ble The Chief Justice and nothing survives in the present writ petition.

In light of the aforesaid, as the controversy has already been decided by the Division Bench of this Court, we are of the considered opinion the present

writ petition deserves to be disposed of in light of the aforesaid judgment.

Resultantly, the present writ petition stands disposed of and the order passed in the W.P. No.19126/2019 shall be applicable mutatis mutandis in the

present case also.

With the aforesaid, the present writ petition stands disposed of.

A copy of this order be kept in other connected petitions for its compliance.

Certified copy, as per rules.