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Judgment
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.
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€
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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.
Certified copy, as per rules.
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