U.P. State Elelctricity Board Vs Chandra Prakash

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CASE NO.: 134 of 4\006 +45 of 4\006 1472 of 4\006 +257 of 4\006 of 4\006 To of 4\006 c andidate of 4\006 c adre of 4\006 g raduate of 4\006 o f of 4\006 s ervices of 4\006 of 4\006 Regulation of 9 of C ouncil of 4\006 "9 . of 4\006 (1 ) Students of 4\006 s hall of 4\006 a cademic of 4\006 of 4\006 For of 4\006 U niversity/Institution of 4\006 f ollowing of 4\006 c ourse of 4\006 of 4\006 ( i) of 4\006 c ompetitive of 4\006 G overnment of 4\006 a ppointed of 4\006 t he of 4\006 s ame of 4\006 of 4\006 ( ii) of 4\006 c entralized of 4\006 of 4\006 ( iii) of 4\006 p erformance of 4\006 M BBS of 4\006 h ave of 4\006 o r of 4\006 of 4\006 ( iv) of 4\006 of 4\006 Provided of 4\006 p ostgraduate/admissions of 4\006 G overnment of 4\006 e xamining of 4\006 f or of 4\006 c ourse of 4\006 of 4\006

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Provided of 7

of 7

bjbjU of 7

of 46 of 7

of 7

Ã\212 of 7

of 8 " of 6 Ã® of 4\006 of 4\006 Appeal (crl.) of 6 Ë\2346 of 6 of 6 of 4\006 " of 6 t he of 4\006 E xamination of 2002 E xamination of 2002 G overnment of 14.1 p art of 4\006 " MADHYA of 4\006 G RADUATION of 4\006 E NTRANCE of 2002 of 2002 B hopal, of 14th of 14th No. of 5-7- M edical of 4\006 P radesh, of 4\006 N o. of 5-7- 2002 make of 4\006 e ntrance of 4\006 D egree/Diploma of 4\006 C ollege of 4\006 of 4\006 R ULES of 4\006 of 4\006 Special Leave Petition (civil) .0 Title of 4\006 " Madhya of 4\006

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E ntrance of 2002 r ules of 4\006 i n of 4\006 of 4\006 Xxx xxx xxx xxx of 4\006 of 4\006 Transfer Petition (crl.) .0 Reservation__ of 21% c andidates of 4\006 Motion Case (crl.) % of 4\006 b elonging of 14% a re of 4\006 o ther of 4\006 of 4\006 Transfer Petition (crl.) .1 Women’s of 30% a nd of 4\006 of 4\006 Transfer Petition (crl.) .2 The of 4\006 e ligibility of 4\006 m edical of 40% c andidates of 50% c ategory of 4\006 of 4\006 xxx xxx xxx of 4\006 of 4\006 Transfer Petition (crl.) .6.1 For of 4\006 P radesh of 20% D egree/Diploma of 4\006 r eserved. of 4\006 of 4\006 Transfer Petition (crl.) .6.2 They of 4\006 e xamination of 4\006 d oing of 4\006 D egree/Diploma of 4\006 c riteria, of 4\006 d epartment. of 4\006 of 4\006 Transfer Petition (crl.) .6.3 Selection of 4\006 i ndividual of 4\006 f irst, of 4\006 s uch of 4\006 t he of 4\006 of 4\006 Transfer Petition (crl.) .6.4 Further of 4\006 s ervice of 4\006 c onsideration of 4\006 n omination. of 4\006 of 4\006 Transfer Petition (crl.) .6.5 The of 4\006 f or of 4\006 2002 ) of 4\006

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b ut of 4\006 r eason. of 4\006 of 4\006 xxx xxx xxx of 4\006 of 4\006 The of 4\006 G overnment of 4\006 M edical of 4\006 2002 (hereinafter of 4\006 2002 ’, of 4\006 E xtraordinary of 28th e xtracted of 4\006 " MADHYA of 4\006 G RADUATE of 2002 of 2002 No. of 2-1- e ndorsement of 5-7- Motion Case (civil) th of 2002 E ducation, of 4\006 i ssued of 4\006 G raduate of 2002 e ntrance of 4\006 D egree/Diploma of 4\006 C olleges of 4\006 of 4\006 These of 20% s eats of 4\006 i n-service of 4\006 P radesh. of 4\006 n omination of 4\006 i n of 4\006 s election of 4\006 d epartment. of 4\006 of 4\006 Therefore, of 4\006 f ormulate of 4\006 t erms of 4\006 s erving of 4\006 D egree/Diploma of 4\006 D ental of 4\006 of 4\006 Accordingly, of 4\006 e ndorsement of 2-1- Writ Petition (civil) -2002, of 4\006 F amily of 4\006 M antralaya, of 4\006 r ules of 4\006 D egree/Diploma of 4\006 C olleges of 4\006 of 4\006 Title.___ of 4\006 " Madhya of 4\006 ( In-service) of 2002 w ill of 4\006 n otification of 4\006

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w ill of 4\006 d epartments of 4\006 of 4\006 Xxx xxx xxx xxx of 4\006 of 4\006 Selection of 1. O c andidates of 5 ye u nder of 4\006 a re of 4\006 f or of 4\006 of 4\006 Women of 4\006 t hree of 4\006 e ligible of 4\006 f ive of 4\006 of 4\006 Relaxation of 4\006 l ess of 4\006 s ubject of 4\006 s election of 4\006 G ynaecology of 4\006 of 4\006 Special Leave Petition (crl.) . For of 4\006 w ho of 4\006 w ill of 4\006 of 4\006 a . 30% of 4\006 i ntegrated of 4\006 a nd of 4\006 of 4\006 b . 30% of 4\006 l ength of 4\006 of 4\006 * of 2 ma m onths of 6

of 6

Special Leave Petition (civil) additional of 4\006 f alls of 4\006 of 4\006 * of 4\006 f ive of 4\006 p lan of 30 m u nder of 4\006 y ears of 4\006 p lan of 4\006 o f of 20 m of 4\006 c. of 40% o f of 4\006 M adhya of 4\006 B oard.

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of 4\006 of 4\006 * of 4\006 e xamination of 4\006 s election of 4\006 of 4\006 Writ Petition (civil) . The of 4\006 c andidates of 45 y ears. of 45 of 45 xxx xxx xxx xxx of 45 of 45 Terms of 1. E w ho of 4\006 e xamination of 4\006 P radesh of 4\006 of 4\006 Special Leave Petition (crl.) . of 4\006 b ond of 4\006 Appeal (civil) years of 4\006 C ourse. of 4\006 of 4\006 * of 4\006 R s.3.00 of 4\006 of 4\006 ( emphasis of 4\006 of 4\006 It of 4\006 ’ rules’, of 4\006 g uidelines of 4\006 G overnment. of 2002 m ake of 4\006 G overnment, of 20% m edical of 4\006 G overnment. of 4\006 e xamination. of 4\006 r ules of 4\006 s it of 4\006 e xcept of 4\006 a ccordance of 4\006 d own of 4\006 a s of 4\006 a vailable of 2002 l ay of 4\006 o f of 4\006 q ualifications of 4\006 t he of 4\006 e xamination of 4\006 p rovisions of 4\006 a lso of 4\006 M edical of 2002 e xempt of 4\006 a nd of 4\006 q uota of 4\006

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s ubject of 4\006 o f of 4\006 f ramed of 4\006 Special Leave Petition (crl.) under of 4\006 40 % of 4\006 c onducted of 4\006 t o of 4\006 i nconsistency of 4\006 i s of 4\006 p resent of 4\006 h ereinafter. of 4\006 of 4\006 For of 4\006 t he of 4\006 ’ in-service of 4\006 E xamination, of 4\006 G overnment, of 4\006 e xamination of 4\006 E xamination of 4\006 B oard of 24.3 e xamination of 2002 E ntrance of 4\006 e ntrance of 16.6 t wo of 4\006 c andidates, of 4\006 b efore of 4\006 C ourt of 4\006 o f of 2002 s ervice) of 2002 w rit of 4\006 s cheduled of 4\006 Special Petition th of 2003 o f of 4\006 t he of 2002 f indings of 2002 " (a) There of 4\006 e mployees of 4\006 a nd of 4\006 i n of 2002 c onstitutional of 4\006 of 4\006 ( b) There of 4\006 e xamination of 4\006 m edical of 4\006 c omparative of 4\006 of 4\006 ( c) of 4\006 s eparate of 4\006 s ervices of 4\006 t enet of 4\006 R egulations of 4\006 I ndia of 4\006 of 4\006 ( d) Conferral of 4\006 s ome of 4\006 t he of 4\006 a reas of 14 o a s of 4\006 R egulation of 4\006 I ndia of 4\006 s truck of 4\006

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of 4\006 ( e) The of 4\006 w omen of 4\006 h ave of 4\006 a nd of 4\006 r endered of 4\006 d iscriminatory. of 4\006 of 4\006 ( f) The of 4\006 p etitioners of 4\006 r eservation of 4\006 w ho of 4\006 a mongst of 4\006 c andidates’ of 4\006 h ence, of 4\006 of 4\006 ( g) The of 4\006 h as of 4\006 s tamp of 4\006 h eld of 2002 a re of 2002 of 2002 In of 4\006 o f of 20% t hat of 4\006 s ubjected of 4\006 c omparative of 4\006 s tudy, of 4\006 c andidates of 4\006 u nsustainable, of 4\006 M edical of 4\006 P riti of 4\006 c andidates, of 4\006 w as of 14 o p etitioners of 4\006 P hysicians of 4\006 h ealth of 4\006 e xclusively of 4\006 n ot of 4\006 H igh of 4\006 of 4\006 While of 4\006 C ourt of 4\006 c ommencing of 4\006 2003 -2004. of 18th p romulgated of 4\006 E ntrance of 2003 E ntrance of 2003 P radesh of 18.2 r ules of 4\006 b y of 10 o A dhiniyam, of 1973 t he of 10 o c onfers of 4\006 A ct of 4\006 i n of 4\006 m edical of 4\006 w e of 4\006 s tatutory, of 4\006

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g uidelines of 4\006 f act of 4\006 s uperseded of 4\006 2002 , of 2003 s pecifically of 4\006 n ot of 4\006 P .G. of 2003 h ereunder:- of 2003 " MADHYA of 4\006 G RADUATION of 4\006 2003 of 4\006 of 4\006 No. of 5-62 p owers of 10 o C hikitsa of 4\006 1973 (Madhya of 19 o S tate of 4\006 r ules of 4\006 t he of 4\006 P ost of 4\006 i n of 4\006 M adhya of 4\006 of 4\006 Special Leave Petition (civil) .0 Title. of 4\006 " Madhya of 4\006 P .G. of 4\006 2003 ". of 4\006 f rom of 4\006 o f of 4\006 of 4\006 xxx xxx xxx of 4\006 of 4\006 Transfer Petition (crl.) .0 RESERVATION. of 20% r eserved of 4\006 s cheduled of 16% r eserved of 4\006 s cheduled of 14% r eserved of 4\006 o ther of 4\006 P radesh. of 4\006 of 4\006 Transfer Petition (crl.) .1 Reservation of 4\006 s hall of 30% m erit of 4\006 of 4\006 Transfer Petition (crl.) .2 The of 4\006 e ligibility of 4\006 g raduate of 4\006 40 % of 4\006 50 % of 4\006 c andidates. of 4\006 of 4\006 xxx xxx xxx

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of 4\006 of 4\006 Transfer Petition (crl.) .5 In of 4\006 Special Petition % of 4\006 S urgeons of 4\006 G overnment of 4\006 s ervice of 3 & w hich of 4\006 f ramed of 4\006 F amily of 4\006 G overnment of 4\006 of 4\006 The of 4\006 s elect of 4\006 y ear of 2003 B oard of 4\006 B ook’ of 4.2. d ate of 20.2 o pen of 4\006 a nd of 4\006 c oncerned, of 108 a pplication of 4\006 c andidates of 9.3. w ho of 101 h ave of 4\006 t hird of 4\006 p ostponed of 4\006 a ppeals of 36 i c learing of 2003 i n of 4\006 of 4\006 Co-incidentally, of 20th l ast of 4\006 B oard, of 4\006 p etitions of 2002 s tated of 4\006 a re of 4\006 a llowed of 4\006 t he of 2002 y ear of 2002 s et of 4\006 c annot of 89 i n umber of 4\006 b urden of 4\006 t he of 4\006 2002 admissions. of 4\006 S tate of 4\006 s ubmitted of 4\006 p ressing of 2002 h ave of 4\006 s uch of 4\006 h ereafter. of 4\006 of 4\006 A of 4\006 M adhya of 4\006 t o of 4\006 a reas of 4\006 s erving of 4\006 c entered of 4\006 a criterion of 9(2)

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R egulations. of 4\006 p erformance of 4\006 i n of 2003 G overnment of 4\006 t est of 30% w ere of 4\006 t he of 4\006 u niversity of 4\006 u nder of 30% c alculating of 4\006 A dmission of 2002 n ot of 4\006 R egulation of 9(2) d etermining of 4\006 R egulation of 9(2) t here of 4\006 S tate of 4\006 e xaminations of 4\006 of 4\006 O n of 15.5 t he of 20.2 w rit of 4\006 b y of 4\006 " (1) In of 4\006 f ive of 9(2) a pplicable. of 9(2) of 9(2) (2 ) In of 4\006 R egulation of 4\006 e ntrance of 4\006 o f of 4\006 of 4\006 (3 ) The of 4\006 t he of 4\006 e ntrance of 4\006 of 4\006 (4 ) A of 4\006 t he of 4\006 t o of 20%. of 20%. (5 ) For of 4\006 h ave of 4\006 s ponsorship of 4\006 h ave of 4\006 l ist of 4

a nd of 4\006 m erit of 4\006 s uitable of 4\006 o f of 4\006 t hat of 4\006 of 4\006 (6 ) The of 4\006 t he of 4\006 b e of 4\006 p resent of 4\006 t he of 4\006 s ponsorship of 4\006

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of 4\006 T his of 4\006 a ppeals of 2002 a dmissions of 4\006 t his of 4\006 of 4\006 It of 4\006 w hich of 4\006 c ounsel of 4\006 of 4\006 (1 ) Whether of 4\006 e xaminations of 4\006 s hould of 4\006 of 4\006 (2 ) whether of 4\006 p erformance of 40 m e ntrance of 30 m s econd of 30 m l ength of 4\006 of 4\006 (3 ) whether of 4\006 r ural/tribal of 4\006 of 4\006 and of 4\006 of 4\006 (4 ) whether of 4\006 c onsecutive of 4\006 s o of 4\006 of 4\006 N ature of 20% r eservation of 4\006 of 4\006 The of 4\006 o pen of 4\006 t herefore, of 4\006 o f of 20% o f of 4\006 s implified of 4\006 C ourt of 4\006 O rs., of 2001 s imilar of 4\006 a ll-India of 50% s eats of 50% s eats of 4\006 w ere of 4\006 ’ service of 4\006 c andidates of 4\006 c andidates of 4\006 t hem of 4\006 of 4\006 ( i) the of 4\006 f rom of 4\006 t o of 4\006 a nd of 4\006

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of 4\006 ( ii) that of 4\006 n ot of 4\006 a nd, of 4\006 r elevant of 4\006 d eciding of 4\006 of 4\006 ( iii) that of 4\006 o r of 4\006 p rivate of 4\006 a candidate of 4\006 s teal of 4\006 b ased of 4\006 s hall of 4\006 c andidates of 4\006 of 4\006 ( iv) that of 4\006 o f of 4\006 a llocation of 4\006 e xclusive of 4\006 o bject of 4\006 b e of 4\006 e xpression. of 4\006 r eservation of 4\006 w hich of 4\006 q uota of 4\006 c onsiderations of 4\006 of 4\006 K. of 4\006 b y of 4\006 U nion of 2002 o bservation of 4\006 h and of 4\006 C ourt of 4\006 s ervice of 4\006 c ategories of 4\006 w eaker of 4\006 a ffirmatively of 4\006 " Some of 4\006 t he of 4\006 g overnment of 4\006 g overnment of 4\006 n ot of 4\006 c ontinue of 4\006 i n of 4\006 h aving of 4\006 o bligations, of 4\006 f rom of 4\006 h ave of 4\006 f resh of 4\006 e xamination. of 4\006 d o of 4\006 f or of 4\006 g overnment of 4\006 w ould of 4\006 C andidates of 4\006 p ost of 4\006 t o of 4\006 t he of 4\006 b etween of 4\006 c andidates of 4\006

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m aking of 4\006 s ector of 4\006 s ought of 4\006 t he of 4\006 n ot of 4\006 e ncouragement of 4\006 of 4\006 of 4\006 of 4\006 To of 4\006 m eaning of 14 o c lassification of 4\006 i ntelligible of 4\006 g roup of 4\006 d ifferentia of 4\006 a chieved. of 4\006 o bjects of 4\006 l ong of 4\006 o bject of 4\006 t he of 4\006 a vailable of 4\006 f rom of 4\006 p resent of 4\006 e xpression) of 229 ( CHCs) of 169 s pecialists of 4\006 T here of 4\006 d efinite of 4\006 c onsisting of 4\006 c andidates. of 4\006 a nd of 4\006 r eservation. of 4\006 s ervice of 4\006 i ntelligible of 4\006 a chieved. of 4\006 a chievements, of 4\006 S tate of 4\006 t he of 4\006 d egree of 4\006 t he of 4\006 a llayed of 4\006 c andidates of 4\006 a fter of 4\006 S tate of 4\006 g uarantee of 4\006 t he of 4\006 b etweenÃ¬Â¥Ã\201 of 7 of 7 of 7 bjbjU of 4\006 of 46 of 4\006 Ã¿ Ã¿ of 4\006 Ã\212 of 4\006 of 4\006 Transfer Petition (crl.) of 6 Ã® of 4\006 of 4\006 Appeal (crl.) of 6 Ë\2346 of 6

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of 6 of 4\006 " of 6 of 4\006 Â-6 of 23 of 23 Ã\212 of 4\006 Appeal (crl.) of 23 of 4\006 of 4\006 Appeal (crl.) of 23 Ã\212 of 4\006 of 4\006 Ã¢5 of 4\006 of 4\006 of 4\006 of 2CÃ²Q Ã\232 of 5 Appeal (crl.) of 5 Appeal (civil) of 23 Ã\212 of 4\006 S UPREME of 4\006 C IVIL of 4\006 C IVIL of 5223 @ S.L.P. of 1082 of 1082 T he of 4\006 Versus of 4\006 G opal of 4\006 W ith of 4\006 C IVIL of 2003 (@ of 1090 of 1090 J U of 903- of 903- R .C. of 903- of 903- L eave of 4\006 of 4\006 I mparting of 4\006 d uty of 4\006 d eveloped of 4\006 A sizeable of 4\006 n ational of 4\006 d esirous of 4\006 l aying of 4\006 a spirants of 4\006 t he of 4\006 m ust of 4\006 g raduation of 4\006 A jay of 1994 401 ; of 1981 o f of 4\006 N arasimhan, of 1997 t hat of 4\006 c hannel of 4\006

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t ake of 4\006 g raduate of 4\006 g uarantee of 4\006 p erson of 4\006 q ualifies of 4\006 g raduate of 4\006 m arks of 4\006 d irect of 4\006 m arks of 4\006 a dmission. of 4\006 c an of 4\006 o ut of 4\006 t hey of 4\006 o f of 4\006 t he of 4\006 r each of 4\006 b right of 4\006 b e of 4\006 t he of 4\006 c ommon of 4\006 m inimum of 4\006 m edical of 4\006 of 4\006 That of 4\006 a lso of 4\006 S tate of 1997 S angharsh of 4\006 (2001 (8) of 694) c lass of 4\006 m arks of 33% a t of 4\006 M edical of 4\006 A ugust of 14, l earned of 4\006 D ayanand of 2001 o n of 11, f ramed of 9 re o f of 4\006 ( supra) of 4\006 ".............it of 4\006 G overnment of 4\006 l ower of 4\006 I ndia. of 4\006 a pproached of 4\006 o f of 4\006 G overnment of 4\006 r educing of 4\006 t he of 4\006 I ndia, of 4\006 b e of 4\006 s tandards of 4\006 c ourse, of 4\006 e nvisaged of 4\006 of 4\006 T he of 4\006 m arks of 4\006 p rescription of 4\006 e ntrance of 4\006 f or of 4\006 p rescribed of 4\006 w as of 4\006 of 4\006

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T he of 4\006 c onducted of 4\006 a ssessing of 4\006 w hether of 4\006 a llowed of 4\006 a ssessing of 4\006 s ignificance of 4\006 c andidates of 4\006 s ome of 4\006 c oveted of 4\006 p ercentage of 4\006 t here of 4\006 a pproval of 4\006 p resent of 4\006 of 4\006 The of 4\006 R egulations, of 4\006 m inimum of 50%. P radesh of 4\006 b y of 4\006 i f of 4\006 s uch of 4\006 p rescribed of 4\006 a departure of 4\006 a ny of 4\006 G overnment of 4\006 j ustification of 4\006 i n of 4\006 of 4\006 The of 4\006 a nd of 4\006 a ssessed of 4\006 e xamination, of 4\006 c oncentrate of 4\006 w ithout of 4\006 w hom of 4\006 of 4\006 Clearly of 4\006 a nd of 4\006 c ould of 4\006 R egulation of 9(1) c lause of 4\006 u niversity of 4\006 a ssumed of 4\006 t he of 4\006 u niversities of 4\006 a nd of 4\006 d iffer. of 4\006 i ndividual of 4\006 t herefore, of 4\006 P radesh, of 4\006 c ontemplated of 4\006 i n of 4\006 e ntrance of 4\006 c andidates, of 4\006 p repared of 4\006 c andidates of 4\006 r espective of 4\006 of 4\006 W eigtage of 4\006

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of 4\006 The of 4\006 d octors of 4\006 s ervice of 4\006 a t of 4\006 of 4\006 I n of 4\006 M edical of 1986 J udge of 4\006 g raduate of 4\006 w eightage of 15 p s tudent of 4\006 i n of 3 ye w as of 4\006 d octors of 4\006 d octors of 4\006 I n of 4\006 o pine of 4\006 l ength of 15 p b y of 4\006 w hy of 4\006 c oncluded of 4\006 r endered of 4\006 w eightage of 15 p g ot of 4\006 w eightage of 4\006 h im of 4\006 i s of 4\006 t he of 4\006 w hether of 4\006 p ost-graduating of 4\006 w as of 4\006 of 4\006 T he of 4\006 t hree-Judge of 4\006 V s. of 1992 t he of 4\006 d ecision of 4\006 t hose of 4\006 d o of 4\006 a nd of 4\006 s uggestion of 4\006 r equired of 4\006 t heir of 4\006 c onsider of 5 pe f avour of 4\006 y ears of 4\006 t o of 4\006 of 4\006 Recently of 4\006 A nr. of 2000 c onsidered of 20 s d octors of 4\006 w ho of 4\006 c entre/institution of 4\006 c ouched of 4\006 p receding of 10 s d octors of 4\006 a reas". of 4\006 t he of 4\006 p ositive of 10 t " any of 4\006

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a municipal of 4\006 T he of 4\006 a djacent of 4\006 r ule, of 4\006 u rban of 4\006 r equire of 4\006 b enefit of 4\006 h ad of 4\006 c lassification of 4\006 d ecision. of 4\006 D inesh of 4\006 S nehelata of 4\006 r eferred of 4\006 O rs. of 1975 of 1975 I n of 4\006 a reas’ of 4\006 w ere of 4\006 R eservation of 4\006 w as of 4\006 f actor of 4\006 d oes of 4\006 t he of 4\006 b ackward of 4\006 h asten of 4\006 c ase of 4\006 p resents of 4\006 g raduation of 4\006 n ot of 4\006 s ervice of 4\006 w e of 4\006 r endered of 4\006 c andidates of 4\006 a ltering of 4\006 t hrough of 4\006 c andidates of 4\006 t he of 4\006 w eightage of 4\006 s ubmission of 4\006 P radesh of 4\006 S tate of 4\006 v illages of 4\006 t hey of 4\006 c onditions, of 4\006 t o of 4\006 f acilities of 4\006 d octors of 4\006 r ural/tribal of 4\006 p rofessional of 4\006 a cts of 4\006 d octors of 4\006 s ervices of 4\006 d istribution of 4\006 a ssigning of 4\006 f inalizing of 4\006 a dmission of 4\006 c onsiderations of 4\006 t he of 4\006 a vailable of 4\006 f ramed. of 4\006 r ules, of 4\006 a ssigned of 4\006 of 4\006

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R elaxed of 4\006 So of 4\006 o f of 4\006 r elevant of 4\006 a dmission of 4\006 c andidates of 3 ye w ould of 4\006 O bstetrics of 4\006 d efined of 4\006 r ural of 4\006 c lass of 4\006 h as of 4\006 n eed of 4\006 m ay of 4\006 h ave of 4\006 m ore of 4\006 r elaxation of 4\006 u nreasonable of 4\006 W ith of 4\006 s uffer of 4\006 of 4\006 Both of 4\006 r endered of 4\006 f avour of 4\006 a dmission of 3 ye s ervice of 14 o C onstitution. of 14 o of 14 o of 14 o C onclusions of 14 o of 14 o We of 14 o Special Leave Petition (civil) . In of 20% g raduation of 4\006 c andidates of 4\006 c hannel of 4\006 c annot of 4\006 t o of 4\006 s ources of 4\006 of 4\006 Special Leave Petition (crl.) . There of 4\006 e ligibility of 4\006 n ot of 4\006 c annot of 4\006 I ndia of 4\006 of 4\006 Writ Petition (civil) . In of 4\006 t here of 9(2) c annot of 4\006 s ingly of 4\006 e ligibility of 4\006 of 4\006 Writ Petition (crl.) . It of 4\006 r endered of 4\006 p urpose of 4\006 s ervice of 4\006

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c onsolidated of 4\006 b e of 4\006 w ith of 4\006 t o of 4\006 of 4\006 (5 ) of 4\006 c onsolidated of 4\006 p repared of 4\006 a ny of 36 i a nd of 4\006 of 4\006 (6 ) If of 4\006 q ualify of 4\006 v acant of 4\006 c ategory of 4\006 of 4\006 N o of 4\006 of 4\006 of 4\006 of 4\006 of 4\006 + of 4\006 Appeal (crl.) 14 of 1996

PETITIONER: BRIJRANI

RESPONDENT: Vs. STATE OF M.P.

DATE OF JUDGMENT: 31/07/2003

BENCH: DORAISWAMY RAJU & H.K. SEMA.

JUDGMENT:

J U D G M E N T

Sema, J.

Five accused â\200\223 Chuttia, Gulab, Vrindavan, Brijrani and Jagat Singh â\200\223 were tried in Sessions Trial No. 72/85 by the IIIrd Additional Sessions Judge, Damoh and convicted and sentenced to undergo RI for life for offences punishable under Sections 302/149 IPC. Further accused Nos. 1-4 were convicted under Section 148 IPC and sentenced to undergo RI for one year. Accused No. 5 was convicted under Section 147 IPC and sentenced to undergo RI for one year. Accused Nos. 1-4 were also convicted under Section 324 IPC and sentenced to undergo RI for one year. Accused Nos. 2, 3 and 5 were also convicted under Sections 324/149 IPC and sentenced to undergo RI for one year. All the sentences were ordered to run concurrently. On appeal, the High Court, by the impugned judgment, acquitted accused Nos. 1, 2 and 5 of all the charges levelled against them and convicted accused No. 3 - Vrindavan and accused No. 4 â\200\223 Brijrani for

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offences punishable under Sections 302/148 and 324 IPC and sentenced them to undergo RI for life and RI for one year respectively. The sentences were ordered to run concurrently. Accused â\200\223 Vrindavan chooses not to prefer an appeal against his conviction. Accused â\200\223 Brijrani, who is the appellant before us, is the mother of accused â\200\223 Vrindavan. Briefly stated, the facts are as follows: On 17.5.1985 when the deceased Rajaram was proceeding towards the village (Hintoli-Bari) with a bucket to fetch milk, he stopped on the way and had some talk with accused Chuttia. Then all of a sudden, he was assaulted with Pabbal (Sabbal) from behind by accused Vrindavan, son of accused Chuttia; and accused Brijrani, wife of Chuttia and mother of Vrindavan. Deceased Rajaram tried to run away but the accused chased him. Accused Vrindavan and accused Brijrani dealt farsa blows while other accused dealt blows on him with their lathis. On being alarmed by the cries of Rajaram, PW-4 â\200\223 Siyarani, who is the wife of deceased Rajaram, rushed to the spot to rescue her husband but she also sustained a farsa blow on her head dealt by the accused Vrindavan and sustained another farsa blow on her hand dealt by accused Brijrani as a result of which she fell down. FIR (Ex. P1) was lodged promptly at 9 AM on the same day in which all the particulars have been mentioned. PW-17 â\200\223 V.K. Jain (I.O.) immediately reached the spot and started investigating the case. After holding the inquest report (Ex. P21), he seized the bucket and pair of shoes belonged to the deceased (Ex. P11). He also seized samples of plain and blood stained earth and two pieces of bone (Ex. P12). A blood stained farsa was seized from Brijrani vide Ex. P16 on 17.5.1985. On 18.5.1985, a tabbal was seized from accused Vrindavan. We are not mentioning the full particulars of the seized articles from the possession of other accused as they are not before us, as noticed above. PW-12, Dr. V.P. Brijpuriya conducted postmortem examination on the body of the deceased Raja Ram on 17.5.1985 and found following eleven incised wounds of various dimensions. "1. Cut wound â\200\223 13" x 3" x 2" on the left side of the back starting from the tenth rib and going downwards. Sides of the wound were clear and cut was vertical the upper. The upper angle was acute and the lower angle was wider.

2. Cut wound in square shape â\200\223 11" x 7" x 5" on the back (towards the chest) on the left side. The upper part of the wound was extended upto skeptula and the lower part upto the 10th rib. It was 2" away from the middle line and was pointing towards the inner side. On the outer side, it was upto the shoulder. The sides of the wound was sharp and vertical. Skeptula bone was cut into two parts. Lungs was protruding and visible under the wound. Lungs had two cuts â\200\223 one 4" x 1Â½ and another was of 3" x 1". Chest was full of blood.

3. Cut wound: - 7" x 2" x 6" was on the right thigh â\200\223 in the middle portion. This was circular. In this wound all the muscles of the thigh were cut and femur bone was cut into two pieces.

4. Cut wound 3" x Â¼" x Â¾", vertical wound on the left side of chest.

5. Cut wound 2" x Â½" x Â¾" â\200\223 horizontal wound on the right side of the chest.

6. Horizontal wound on the upper part of the left shoulder 7" x 3" x 3". Muscles were cut due to this injury and cumeron bone were cut into two pieces. 3" skin was uncut in the front and towards the inner side of the wound.

7. Cut wound â\200\223 2" x 1Â½" x 1" â\200\223 on the front portion of the chest on the right side, vertical, on the 4th and 5th rib.

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8. Cut wound 3" x Â½" x Â¼" on the right cheek.

9. Cut wound â\200\223 3" x 1" x 1" on the right side of the head on the frontal region â\200\223 on the back of the hair line â\200\223 curved. Frontal bone was fractured.

10. Cut wound â\200\223 1Â½" x Â¾" x 1" â\200\223 Temporal bone was fractured on the frontal region on the right side of the head.

11. One cut wound â\200\223 1Â½" x Â¾" x 2" â\200\223 vertical on the cervical area of the chest on the left side. In this wound cervical bone was cut into two pieces."

PW-12 found that the deceased â\200\223 Rajaram was virtually cut into two and died on the spot as a result of excessive hemorrhage. The High Court, on re-appreciation of evidence, convicted Brijrani and her son Vrindavan, as noticed above. It is not disputed that the deceased and the accused are closely related. PW-4 â\200\223 Siyarani is the wife of deceased Rajaram. Accused Vrindavan is the nephew of PW-4 â\200\223 Siyarani. Accused Brijrani is the elder sister-in-law (Jethani) of PW-4. Accused Gulab is the nephew of PW-4. Accused Chuttia is the brother-in-law of PW-4 and father of the accused Vrindavan. Accused Brijrani is the mother of accused Vrindavan. The High Court, while convicting the appellant, relied upon the testimony of PW-1 â\200\223 Ghasiram and PW-4 â\200\223 Siyarani â\200\223 wife of the decea sed. PW-1 â\200\223 Ghasiram is an independent witness. He specifically stated in earlier part of the statement that the incident was witnessed by him and both accused Nos. 3 and 4 were armed with Pabbal and Farsa. This witness, however, stated that he could not see later part of the assault near the house of Dhanua as his view was obstructed by a house in between but he over- heard Rajaram shouting for help. He has also stated that being alarmed by the cry of her husband, Siyarani had rushed to his rescue. PW-4 â\200\223 Siyarani has also stated that being alarmed by the cries of her husband, she went to the house of Dhanua to rescue her husband. She saw her husband being assaulted. She also suffered a farsa blow on her head dealt by accused Vrindavan and another blow of farsa on her hand dealt by appellant â\200\223 Brijrani. Mr. Manish Mohan, learned counsel for the appellant strongly urged that the presence of the appellant â\200\223 Brijrani at the place of incidence has not been established. This contention, in our view, is negatived by the testimony of PWs. 1 and 4, apart from documentary and medical evidence. As already noticed, accused and PW-4 were closely related. Blood stained farsa was seized from the appellant â\200\223 Brijrani (Ex. P16) on the date of the incident, i.e. 17.5.1985 itself. PW-1 Ghasiram categorically stated that on the fateful morning when he was going to the farm for daily morning routine, he saw deceased Rajaram going from his house towards the village with a bucket for taking milk. He also saw Rajaram stopped to talk to Chuttia. At that time, accused Vrindavan hit Rajaram with Pabbal from behind which hit Rajaram at his back. He also saw, amongst others, Gulab’s mother, which witness was lateron identified as Brijrani, assaulting Rajaram with farsa. PW-4 â\200\223 Siyarani is the wife of deceased Rajaram. She stated that around 7 AM when she was inside the house, she heard the sound of her husband "comeâ\200¦â\200¦save me" from the front side of the house of Vrindavan. She rushed to Dhanua’s house where she saw her husband was being assaulted. Accused Vrindavan came and gave a farsa blow on her head. Appellant â\200\223 Brijrani gave a farsa blow on her arm and she fell down unconsciously. When she regained consciousness she saw her husband was cut into two pieces. She recognized the pabbal and farsa with which she was hit. She could identify Pabbal (Art. A) with which she was hit by accused Vrindavan and farsa (Art. B) with which she was hit by appellant â\200\223 Brijrani. PWs. 1 and 4 were subjected to cross-examination but nothing could be elicited to impeach the credit worthiness of their testimony. PW. 12, Dr. H.P. Brijpuria, as already noticed, conducted post mortem on the deceased and found eleven incised wounds of different

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dimensions and sizes. The doctor opined that the sizes of all cut wounds were clear and sharp. The doctor in paragraph 7 of his examination-in-chief, stated as under: "All the injuries of the deceased were ante-mortem. Wound No. 1, 2, 3 and 6 were expected from sharp, heavy and long edged weapon. Wound No. 4, 5, 7, 8, 9 and 10 were expected from a sharp cutting and heavy weapon which is different from the earlier one. The inner injury of the wound No. 2 was expected from multiple hit at the same spot. Injury No. 2 was serious which was sufficient to cause death in normal circumstances."

The doctor further opined in paragraph 20 of examination-in-chief as under: "The injuries suffered by the deceased is possible by the weapons item (A) pharsa and Katarna item (B) produced in the Court." As already noticed, Art. (A) was seized from Vrindavan and Art. (B) was seized from the appellant Brijrani. The doctor further opined that all the injuries could not be possible by the same weapon because all of them were of different depth and sizes. The doctor in paragraph 23 of cross- examination stated as under: "It is correct that the internal injuries suffer by the body depend upon the fact that how the sharp edge of the weapon hits the body. All the injuries could not be possible by the same weapon because all of them were of different depth and size. On the basis of the depth and length of the wounds I am telling that they could have been caused by two different weapons. If only a small portion of a long edged weapon had hit the body, then the size of the wound will be smaller."

PW-4, Siyarani, as already noticed, suffered two injuries â\200\223 one on the hand by blow of Pabbal dealt by Vrindavan and the other on the left hand dealt by a farsa blow by appellant Brijrani. PW-18 â\200\223 Dr. K.P. Tripathi examined PW.4 on 17.5.1985 and found the following injuries on her body: 1. "Incised wound : 4" x Â½" deep upto the bones, on the front side of the head.

2. Incised wound: 3" x 2" x Â½" on the frontal part of left hand".

The medical evidence corroborates the ocular testimony of PW.4 in material particulars. In the premises aforesaid, we have no reason to take a view different from the view taken by the two courts concurrently. This appeal, accordingly, stands dismissed. The appellant is on bail. She shall be taken in custody forthwith. Her bail bonds stand cancelled.

U.P. STATE ELELCTRICITY BOARD Vs CHANDRA PRAKASH

U.P. STATE ELELCTRICITY BOARD Vs CHANDRA PRAKASH