Pramod Kumar Sharma vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-GWL:26492
1 WP-35058-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE ANAND SINGH BAHRAWAT
rd
ON THE 3 OF SEPTEMBER, 2026
WRIT PETITION No. 35058 of 2026
PRAMOD KUMAR SHARMA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Nakul Khedkar - Advocate for the petitioner.
Shri K.S. Tomar - Government Advocate for the State.
ORDER
This petition, under Article 226 of the Constitution of India, has been
filed seeking following relief(s):-

"(i) That, to quash the disqualification list (Annexure
P/6) vis-à-vis petitioner.
(ii) That, the respondent may kindly be directed to issue
a promotion/appointment order of the petitioner as on
position when the other candidates are
appointed/promoted and also may kindly be direct to
grant the arrears of pay alongwith interest of the
promoted post with other consequential benefits.
(iii) That any other relief to which this Hon'ble court
may deem fit may also be directed to be exempted in
favour of the petitioner in the interest of justice.
(iv) That the costs of this petition be also awarded to the
petitioner."
2. Learned counsel for the petitioner submits that the petitioner is
working as a Patwari and had appeared in the Limited Departmental
Examination/Recruitment Test, 2018 conducted by the Professional
Examination Board for direct recruitment to the post of Nayab Tehsildar. The
said examination was held on 30.06.2018. The petitioner secured 152.49
Signature Not Verified
Signed by: AVINASH
BHARGAV
Signing time: 03-Sep-26
06:13:31 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:26492
2 WP-35058-2026
marks out of 200 and was placed at Serial No.1 in the merit list. However,

the appointment order was not issued in favour of the petitioner on the
ground that a criminal case bearing RCT No. 9283/2014 for the offences
punishable under Sections 420 and 120-B and Sections 3(D)(1-2)/4 of the
Madhya Pradesh Recognized Examination Act, 1937 was pending before the
Court of Judicial Magistrate First Class, Bhopal. Learned counsel for the
petitioner submits that the petitioner had earlier preferred W.P.
No.20970/2019, which came to be dismissed vide order dated 03.10.2019.
Thereafter, the petitioner preferred Review Petition No.36/2020, which was
also dismissed vide order dated 11.03.2024. It is further submitted that
subsequently the petitioner has been acquitted in the aforesaid criminal case
vide judgment/order dated 09.04.2026 (Annexure P-11) passed by the
learned Chief Judicial Magistrate, Bhopal in Criminal Case No.9283/2014.
After his acquittal, the petitioner submitted a representation before the
respondents stating that he has already been acquitted in the criminal case
and, therefore, his case for appointment/promotion to the post of Nayab
Tehsildar deserves to be considered. However, the said representation has
not yet been considered by the respondents. Learned counsel for the
petitioner further submits that one similarly situated person, namely, Bhanu
Pratap Singh has already been appointed/promoted to the post of Nayab
Tehsildar. It is submitted that the said person had filed Writ
Appeal No.590/2025, which was allowed vide order dated 12.03.2025. It is
further submitted that Bhanu Pratap Singh was appointed/promoted to the
post of Nayab Tehsildar vide order dated 30.04.2026 (Annexure P-9).
Signature Not Verified
Signed by: AVINASH
BHARGAV
Signing time: 03-Sep-26
06:13:31 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:26492
3 WP-35058-2026
Learned counsel for the petitioner, therefore, submits that the case of the

petitioner deserves to be considered by the competent authority, particularly
in view of his subsequent acquittal in the criminal case and the
appointment/promotion of the similarly situated person. He submits that the
present petition may be disposed of with a direction to the competent
authority to consider and decide the representation of the petitioner within a
stipulated period.
3. Per contra, learned Government Advocate opposed the prayer made
by learned counsel for the petitioner and supported the impugned order.
4. Heard learned counsel for the parties and perused the record.
5. On perusal of the record and considering the aforesaid submissions,
it is evident that the petitioner had secured 152.49 marks out of 200 and was
placed at Serial No.1 in the merit list for recruitment to the post of Nayab
Tehsildar. However, his appointment was not considered on account of
pendency of the aforesaid criminal case. Subsequently, the petitioner has
been acquitted in the said criminal case v i d e judgment/order dated
09.04.2026. It is also submitted that a similarly situated person, namely,
Bhanu Pratap Singh, has already been appointed/promoted to the post of
Nayab Tehsildar vide order dated 30.04.2026. In view of the subsequent
acquittal of the petitioner and the aforesaid facts, this Court is of the
considered view that the representation submitted by the petitioner deserves
to be considered by the competent authority.
6. Considering the aforesaid facts and circumstances of the case, the
petitioner is directed to submit a fresh and detailed representation before the
Signature Not Verified
Signed by: AVINASH
BHARGAV
Signing time: 03-Sep-26
06:13:31 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:26492
4 WP-35058-2026
respondent/competent authority within a period of two weeks from today. On

receipt of such representation, the respondent/competent authority shall
consider and decide the same by passing a reasoned and speaking order, in
accordance with law, within a period of two months from the date of receipt
of a certified copy of this order.
7. While considering the representation, the competent authority shall
take into consideration the fact that the petitioner has subsequently been
acquitted in Criminal Case No.9283/2014 v i d e judgment/order dated
09.04.2026, as well as the fact that the similarly situated person, namely,
Bhanu Pratap Singh has already been appointed/promoted to the post of
Nayab Tehsildar vide order dated 30.04.2026.
8. It is made clear that this Court has not expressed any opinion on the
merits of the case.
9. With the aforesaid direction, the present petition stands disposed of.
(ANAND SINGH BAHRAWAT)
JUDGE
AVI

Signature Not Verified
Signed by: AVINASH
BHARGAV
Signing time: 03-Sep-26
06:13:31 PM