BHUPENDRA MANI PANDEY. Vs. STATE OF M.P.

JUDGEMENT

(1.) This order shall also govern the disposal of this batch of petitions bearing Nos.16288/15, 16719/15, 17003/15, 17091/15, 17094/15, 17099/15, 17100/15, 17101/15, 17102/15, 17104/15, 18669/15, 13740/16, 6736/16, 13703/16, 13709/16, 13734/16, 16292/15 and 13730/16, as a common issue is involved in all these petitions. For the sake of convenience the facts as narrated in WP No.16282/2015 are being taken into consideration for disposal of these writ petitions.

(2.) This writ petition has been filed by the petitioner, a Sub-Inspector of Police, under Article 226 of the Constitution of India, against the show cause notice dated 11.9.2015 as also the subsequent order dated 15.10.2015 whereby the petitioner's previous appointment on the post of Sub Inspector has now been changed to the post of Platoon Commander.

(3.) Brief facts of the case are that in July, 2011 an advertisement was issued by the VYAPAM inviting applications for the post of Subedar/Platoon Commander/ Sub Inspector. Pursuant to the aforesaid advertisement, written examination was also conducted on 25.9.2011 and the result was declared on 31.12.2011 by issuance of the select list wherein the petitioner was placed in the waiting list. The basic training of the selected candidate of the main list started from 31.5.2012. According to the petitioner, on 3.2.2012, a selection list of 14 persons belonging to Scheduled Caste was published as 14 posts which were earlier reserved for the Ex-Servicemen and due to non- availability of Ex-Servicemen, these posts were converted in SC/ST category as per Rule 11(8) of the Madhya Pradesh Police Executive (non-gazetted) Service Recruitment Rules 1997 (for short "Rules, 1997"). The further case of the petitioner is that in the month of February 2012 two writ petitions viz. WP No.3134/2012 and WP No.3135/2012 were filed before the Indore Bench of this Court wherein the main challenge was to the list of 14 persons of SC/ST category issued on 3.2.2012.