MP High Court Restrains State From Conferring 2023 Vikram Award In Adventure Sports Category To Mountaineer Bhawna Dehariya

The Madhya Pradesh High Court in an interim order on Tuesday (August 5) restrained the State and Sports and Youth Welfare Department from conferring the Vikram Award in Adventure Sports Category for 2023 to mountaineer Bhawna Dehariya till the next date of the hearing.The high court passed the order in a writ petition filed by mountaineer Madhusudan Patidar claiming that his representation had not been decided by the department despite a May 22 court order and the award was going to be awarded on Tuesday itself to Dehariya. Issuing notice on Patidaar's plea Justice Pranay Verma in his order said:"Considering the aforesaid, issue notice to the respondents on payment of process fee by RAD within a period of three working days. Notices be made returnable in four weeks. Till next date of hearing, by way of interim relief, respondents No.1 and 2 (State and the Sports and Youth Welfare Department) are directed not to confer the Vikram Award under the category of Adventure Sports, 2023 in favour of respondent No.3". For context, Patidar had moved an earlier writ petition, claiming "inaction and discrimination" by the State and the Department in deciding the awardee under the category of adventure sports and to the limited extent, assailed the selection of Dehariya for 2023 Vikram Award in Adventure and Sports CategoryIn this earlier petition, Patidar claimed that despite being a senior and having pioneered Mount Everest prior in time, he and other similarly situated athletes were overlooked by the Department for the award and the State had nominated Dehariya for it which is due to be awarded in 2025. Patidar had argued that despite multiple representations, the State and the Department did not provide any response. It was contended that the inaction on behalf of the State and department was "arbitrary, patently illegal, and motivated by sheer discrimination". Disposing of his plea, a co-ordinate bench of the high court had in its May 22 order, directed the Department to decide Patidar's "pending representation" as per law within four weeks. "It is needless to say that the competent authority shall pass a reasoned and speaking order and the same shall be communicated to the petitioner," the high court had said.Patidar thereafter moved a contempt petition claiming that there was a direction to State to decide his representation and claimed that the award may be passed in favour of some other person before his representation was decided. The high court in its July 23 order directed the Government Advocate appearing for the State to seek instructions and listed the matter for further hearing. Patidar then moved the present writ petition arguing that the high court's May 22 order was brought to the notice of the department vide email dated May 26 and through registered notice dated May 25. Despite the same, the Petitioner's representation has not been decided, he argued. He further claimed that the Vikram award is going to be awarded in favour of "respondent No.3 today" i.e. on August 5. Passing the interim order the court thereafter listed the matter for hearing after four weeks. Notably, the high court had in June this year permitted another mountaineer Megha Parmar to file a representation before the State for consideration of her name to be included in the award list. In this case the State had argued that consideration of the eligible candidates including Parmar had been done by a duly constituted committee and Dehariya was selected for the grant of Vikram Award 2023. It was argued by the State in Parmar's plea that neither Dehariya's selection is under challenge nor she has been impleaded as party respondent.Case Title: Madhusudan Patidar v State of Madhya Pradesh (WP-31275-2025)For Petitioner: Advocates Ankur Tiwari, Vishwajeet Ahirwar and Shivansh DwivediFor Respondent: Government Advocate Bhuwan DeshmukhClick here to read the Order

MP High Court Restrains State From Conferring 2023 Vikram Award In Adventure Sports Category To Mountaineer Bhawna Dehariya

Jayanti Pahwa

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