Abdul Mazid Gori vs Shri B.S. Bisariya
2021 Latest Caselaw 2781 MP

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                HIGH COURT OF MADHYA PRADESH,
                            BENCH AT INDORE
                            CONC NO.1082/2021
 Abdul Mazid Gori s/o Hamid Hussain & Bhupendra s/o Omprakash
       Sharma vs. B.S. Bisariya, District Education Officer, Rajgarh
28.06.2021

: (INDORE):

Shri Subhash Upadhyaya, learned counsel for the petitioners. Heard on the question of admission.

Petitioners have filed the present contempt petition alleging non compliance of the order dated 26.04.2013 passed in W.P.No.4936/2013(s) whereby the writ petition was disposed of in the light of the judgment passed by this Court in the case of Smt.Sanyogita Thakur and others vs. State of Madhya Pradesh & others reported in 2013 Vol.3 MPHT 141. Thereafter, the petitioners have filed Contempt Petition No.922/2013 which was disposed of on 03.12.2013 with the direction to submit a detailed representation by registered post. According to the petitioners, they submitted a representation dated 24.10.2016 but till today they have not been appointed against the vacant post of Samvida Shala Shikshak Grade- III.

According to the petitioners they are having B.Ed. Degree and appeared in the selection process for the post of Samvida Shala Shikshak Grade-III. They have been 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

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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 within a period of 3 weeks and thereafter prepare the merit list. In the case of the petitioners a similar order was passed by this Court on 26.04.2013 and thereafter contempt petition was disposed of on 03.12.2013. After 3 years the petitioners submitted a representation on 24.10.2016 and now filed the present petition in the year 2021, therefore, from the year 2013 till today i.e. 8 years have passed. During this period 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. No case for contempt is made out. Accordingly, the petition is dismissed as time barred.

(VIVEK RUSIA) JUDGE Digitally signed by HARI KUMAR C G NAIR Date: 2021.06.30 17:10:48 +05'30' hk/