Smt.Bhagwati Bhatt vs The State Of Madhya Pradesh
2023 Latest Caselaw 12311 MP

Citation : 2023 Latest Caselaw 12311 MP
Judgement Date : 2 August, 2023

Madhya Pradesh High Court

Smt.Bhagwati Bhatt vs The State Of Madhya Pradesh on 2 August, 2023

Author: Gurpal Singh Ahluwalia

                           1                 W.P.No.18347/2023



IN THE HIGH COURT OF MADHYA PRADESH
            AT JABALPUR
                        BEFORE
     HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
               ON THE 2nd OF AUGUST, 2023
              WRIT PETITION No. 18347 of 2023

BETWEEN:-

SMT.BHAGWATI BHATT W/O LATE BHARAT
BHOOSAN BHATT, AGED ABOUT 52 YEARS,
OCCUPATION: POSTED AS VARISHA ADHYAPAK
GOVT.HIGHER SECONDARY SCHOOL KARKELI
BLOCK KARKELI DISTRICT UMARIA (MADHYA
PRADESH)
                                                .....PETITIONER
(BY SHRI VIJAY KUMAR SHUKLA - ADVOCATE FOR THE PETITIONER)

AND

1.    THE STATE OF MADHYA PRADESH
      THROUGH SECRETARY PANCHAYAT AND
      RURAL DEVELOPMENT DEPARTMENT
      VALLABH BHAWAN BHOPAL (MADHYA
      PRADESH)

2.    COMMISSIONER PUBLIC INSTRUCTION
      BHOPAL DISTRICT BHOPAL M.P. GAUTAM
      NAGAR SECTOR-B BHOPAL (MADHYA
      PRADESH)

3.    THE CHIEF EXECUTIVE OFFICER ZILA
      PANCHAYAT UMARIA DISTRICT UMARIA
      (MADHYA PRADESH)

4.    THE DISTRICT EDUCATION OFFICER
      UMARIA DISTRICT UMARIA (MADHYA
      PRADESH)
                                             .....RESPONDENTS
(BY SHRI DARSHAN SONI - GOVERNMENT ADVOCATE FOR THE
RESPONDENTS/STATE)
                                  2                     W.P.No.18347/2023




      This petition coming on for admission this day, the court passed
the following:
                                ORDER

This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-

"(i) This Hon'ble Court be pleased enough directing respondent no. 2 by the writ of Mandamus to absorb/confirm the petitioner as Uchcha Madhyamik Shikshak from 17/7/2014 by granting her all consequential benefits including arrears of salary and other dues payableto her as per law.

(ii) The Hon'ble Court may kind enough directing respondent no. 2 to decide the pending representation (Ann P/5) and absorb the petitioner as Uchcha Madhyamik Shikshak or permit her to do and acquire B.Ed. degree afresh.

(iii) Any other relief which this Hon'ble Court finds fit and proper in the facts and circumstance of the case may also be awarded to the petitioner."

2. It is submitted by counsel for the petitioner that case of the petitioner is duly covered by order passed by a Coordinate Bench of this Court in the case of Smt. Reea Marwadi vs. State of M.P. and others decided on 03.07.2023 in W.P.No.14692/2023 (Gwalior Bench) and therefore this petition may also be finally disposed of in the terms and conditions of the order passed in the case of Reea Marwadi (supra).

3. Per contra, the petition is vehemently opposed by the counsel for the State but could not point out any distinguishable feature.

4. Heard the learned counsel for the parties.

5. The Coordinate Bench of this Court in the case of Reea Marwadi (supra) has passed the following order:-

" The petitioner, who is performing her duty as Teacher in school under the Department of School Education, had preferred this writ petition under Article 226/227 of the Constitution of India seeking a limited relief that the department may grant her an opportunity to obtain the qualification of B.Ed. at her own cost.

Learned counsel for the petitioner submits that the petitioner is senior Teacher and had put in number of years of service as on date. She had completed B.Ed. from Bhartiya Shiksha Parishad, Lucknow, Uttar Pradesh, which is not in the list of recognized institute of NCTE but undisputedly is recognized by UGC a higher body of NCTE. It has also been argued that many Teachers having obtained B.Ed./D.Ed. from the said institute are serving as Teachers in different States but since the degree obtained from Bhartiya Shiksha Parishad, Lucknow is not recognized by NCTE, it would be equitable for the petitioner to grant an opportunity to complete her B.Ed. from any recognized institute accredited by the NCTE on her own cost. For the aforesaid submissions he placed reliance on a decision rendered by the coordinate Bench o f this Court in matter Sadhu Singh Gurjar and others Vs. State of M.P. and others passed in W.P. No.1460/2015 vide order dated 10.11.2016.

Per contra, learned Govt. Advocate submits that if the petitioner is directed to move a representation to the concerned authority, the concerned authority would decide the said representation in the light of judgment passed by this Court in the above said matter.

Looking to the limited prayer made by the counsel for the petitioner, petition is disposed of with a direction to the petitioner to move a fresh

representation alongwith copy of judgment passed in W.P. No. 1460/2015 to the respondents and in turn respondents are directed to decide the representation within a period of four weeks from the receiving certified copy of this order.