Krishnachandra vs The State Of Madhya Pradesh
2022 Latest Caselaw 372 MP

                                    1                                WP-400-2022
        The High Court Of Madhya Pradesh
                  WP No. 400 of 2022
             (KRISHNACHANDRA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Indore, Dated : 07-01-2022
       Shri Yashpal Rathore, learned counsel for the petitioner.

       Ms. Vinita Phaye, learned Govt. Advocate for the respondent/ State.

With consent of the parties, matter is finally heard.

01. By this petition preferred under Article 226 of the Constitution of India, the petitioner has prayed for issuance of a writ of Quo warranto to hold that respondent No.4 is not eligible to hold the post of Principal, Government

Higher Secondary School, Newad, District- Neemuch and to direct respondents No.1 to 3 to terminate him from Government service.

02. The contention of learned counsel for the petitioner is that respondent No.4 is posted on the post of Principal, Government Higher Secondary School, Newad, District- Neemuch whereas in view of his family condition, he is not eligible to hold the said post under the provisions of M.P. Civil Services (General Conditions of Services) Rules, 1961. It is submitted that the petitioner has submitted complaint/representation to the Commissioner, Lok Shikshan, Gautam Nagar, Bhopal on 21.11.2019 as

regards his grievance but no action upon the same has been taken though by letter dated 24.01.2020, the Commissioner had requisitioned enquiry report in that regard within a period of fifteen days.

03. Learned counsel for the petitioner submits that in view of the judgment of the Hon'™ble Apex Court in the matter of State of Karnataka and others vs. K. Govindappa and another [2009 (7) SCC 1] a writ of Quo warranto seeking the relief as have been claimed by in this petition is maintainable.

04. Learned counsel for the respondent/State submits that the application submitted by the petitioner shall be decided in accordance with law.

05. In view of the aforesaid statement, this petition is disposed off 2 WP-400-2022 with a direction to respondent No.2/Commissioner, Lok Shikshan Gautam Nagar, District-Bhopal to advert to and decide petitioner's application dated 21.11.2019 (Annexure P/4) within a period of four months from the date of receipt of certified copy of this order by passing a reasoned and a speaking order.

06. It is made clear that this Court has not expressed any opinion on

the merits of the case.

(PRANAY VERMA) JUDGE

jyoti Digitally signed by JYOTI CHOURASIA Date: 2022.01.12 17:33:14 +05'30'