Devnarayan Dangi vs State Of M.P Through Ministry Of ...
2021 Latest Caselaw 4027 MP

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                                                         W.P. No.12754/2021



HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
    (SINGLE BENCH : HON. Mr. JUSTICE VIVEK RUSIA)

                    W.P. No. 12754 of 2021
   (Devnarayan Dangi & three others. V/s. State of M.P. & others.)

Date: 06.08.2021 :
      Shri Nitin Singh Bhati, learned counsel for the petitioners.
      Shri Sanjay Karanjawala, learned Govt. Advocate for the
respondents/State.
      With consent of learned counsel for the parties, heard finally
through video conferencing.
                              ORDER

The petitioner has filed the present petition seeking writ in the nature of mandamus or any appropriate direction or order to the respondents to select him for the post of Samvida Shala Shikshak Grade-III in the light of order passed by this Court in W.P. No.4771/2013 (Rajesh V/s. State of M.P. & others decided on 12.4.2013 by the co-ordinate Bench of this Court.

According to the petitioners they have successfully passed the 12th Standard Examination and they have worked as Teacher in non- Government School. They applied for the post of Samvida Shala Shikshak Grade-III and they have also cleared the eligibility test for 2008 Examination. They have also completed their training for Formal Education Training Programme Level-2 and Level-3. They have submitted their representation to the District Education Officer, Rajgarh and District Project Coordinator, Rajgar for their appointment to the post of Samvida Shala Shikshak Grade-III. According to the petitioner, in similar facts and circumstances this Court in W.P. No.4771/2013 (Rajesh V/s. State of M.P. & others decided on 12.4.2013) has directed the respondents to extend the same benefit which has been extended to Smt. Sanyogita Thakur and others V/s. State of M.P. & others : 2013(3) MPHT 141 in an identical case.

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W.P. No.12754/2021

According to the petitioners, they are claiming that they have B.Ed. Degree and teaching experience in Govt. schools and thereafter they have also cleared the "Guruji" test in 2008. The post of "Guruji" had already been abolished long back and those who were working on the post of Guruji have been absorbed in teaching cadre. The petitioners have not filed copy of the B.Ed. Degree. The representations submitted by the petitioners are very vague in nature and only on the basis of passing "Guruji" test they are claiming appointment on the post of "Samvida Shala Shikshak. The recruitment to the post of Samvida Shala Shishak has already been closed by the State Government and without undergoing the selection process, no one can claim appointment to the said post.

So far as applicability of the judgment passed in the case of Rajesh (supra), it is not applicable to the case of the present petitioners because in that case the petitioners were denied the appointment because they are holding B.Ed degree whereas as per the advertisement and the Rules called M.P Panchayat Samvida Shala Shikshak (Employment and Conditions of Contract) Rules, 2005 the minimum qualification is D.Ed. In the case of Smt.Sanyogita Thakur (supra) this Court has specifically held that the candidates who have passed the Higher Secondary School Examination and have a B.Ed degree were permitted to appear in the examination but they do not have any right to claim parity with the candidates having requisite qualification and to seek participation in the counselling. At the time of passing of the aforesaid judgment the Additional A.G informed that out of 49,000/- posts of Samvida Shala Shikshak Grade-III only 25,000/- candidates are having Diploma in Education and the State Govt. would seek explanation from the Central Govt. for filling up the remaining posts of Teachers from the candidates having qualification as per the notification dated 21.11.2011 as the period of relaxation is expiring on 31.03.2013. The Court has directed the State Govt. to initiate the process of counselling for filling the remaining vacant posts

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W.P. No.12754/2021

within a period of 3 weeks and thereafter prepare the merit list. Now the post of Samvida Shala Shikshak Grade-III has been converted into the cadre of Teachers, hence the time limit given by this Court in the case of Smt.Sanyogita Thakur (supra) has expired 8 years back.

Accordingly, this petition is dismissed as time-barred.

( VIVEK RUSIA ) JUDGE Alok/-

Digitally signed by ALOK GARGAV Date: 2021.08.11 11:14:47 +05'30'