Tina Kumari vs Union Of India
2021 Latest Caselaw 7573 MP

                                             1

 THE HIGH COURT OF JUDICATURE FOR MADHYA PRADESH
                   AT JABALPUR

                               (DIVISION BENCH)

                              W.P. No.22634 OF 2021

Tina Kumari                                                          .....Petitioner

                                          Versus

Union of India & Others                                            ..... Respondents

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Coram:
              Hon'ble Mr. Justice Ravi Malimath, Chief Justice
              Hon'ble Mr. Justice Vijay Kumar Shukla, Judge
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Presence:
              Shri Rajesh Kumar Chand, learned Advocate for the petitioner.

              Shri Pushpendra Yadav, learned Additional Advocate Advocate
       General for the respondents/State.
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                                  O R D E R (Oral)

(18.11.2021)

Per : Ravi Malimath, Chief Justice

The respondents invited application for eligible candidates for the post

of Higher Secondary Teacher Eligibility Test. The petitioner participated in

the same. At the time of verification of the documents, the case of the

petitioner was kept on hold and the reason assigned was as follows :-

"The M.Com and B.Ed degree presented by the candidate belong to Tamil Nadu and Jharkhand State regarding information about the institution related to the

recognized university is not being displayed in the university website."

Questioning the same, the instant writ petition is filed.

After issuance of notice, learned State counsel submits that on

considering the material on record, a fresh endorsement has been issued to the

petitioner dated 16.11.2021. The same is placed for consideration before us.

The same is taken on record. The same would indicate that the writ petitioner

has obtained two degrees at the same point of time. Therefore, the same is

impermissible. The same issue was the subject matter in W.P. No.13076 of

2020 (Brajesh Kumar Gautam and others vs. State of M.P. and others) and

connected matters wherein by order dated 15.09.2021, it was held that a

person cannot acquire two degrees at the same point of time and if obtained,

the same would not be valid.

This position of law is not disputed by the learned counsel for the

petitioner. However, he submits that the said order passed by this Court is

under challenge before the Hon'ble Supreme Court of India.

Be that as it may, since the issue at hand is covered by the judgment of

this Court in Brajesh Kumar Gautam (supra), no relief could be granted to the

petitioner.

Hence, the same is dismissed.

Pending interlocutory applications, if any, are also disposed off.

             (RAVI MALIMATH)                          (VIJAY KUMAR SHUKLA)
               CHIEF JUSTICE                                   JUDGE
   Priya.P




priyanka pithawe mishra
2021.11.22 16:45:10
+05'30'