Shashi Prabha Rajput vs The State Of M.P.
2023 Latest Caselaw 2234 MP

                                                        1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE ANAND PATHAK
                                            ON THE 8 th OF FEBRUARY, 2023
                                           WRIT PETITION No. 28968 of 2022

                           BETWEEN:-
                           ANITA LILHARE W/O TOKASDAS LILHARE, AGED
                           ABOUT 32 YEARS, OCCUPATION: TEACHER R/O WARD
                           NO.1, KULPA LANJI, TEHSIL LANJI, DISTRICT-
                           BALAGHAT (MADHYA PRADESH)

                                                                              .....PETITIONER
                           (BY SHRI V.P. SHAH - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 THE   PRINCIPAL  SECRETARY    GENERAL
                                 ADMINISTRATION  DEPARTMENT     VALLABH
                                 BHAWAN BHOPAL (MADHYA PRADESH)

                           2.    THE      PRINCIPAL    SECRETARY SCHOOL
                                 EDUCATION DEPARTMENT BALLABH BHAWAN
                                 BHOPAL (MADHYA PRADESH)

                           3.    THE COMMISSIONER DIRECTORATE OF PUBLIC
                                 INSTRUCTION   (DPI) DEPARTMENT, GAUTAM
                                 NAGAR BHOPAL (MADHYA PRADESH)

                           4.    THE DISTRICT EDUCATION OFFICER DISTRICT
                                 BALAGHAT (MADHYA PRADESH)

                                                                            .....RESPONDENTS
                           (BY SHRI A. RAJESHWAR RAO- GOVERNMENT ADVOCATE)

                                            WRIT PETITION No. 913 of 2023

                           BETWEEN:-
                           SHASHI PRABHA RAJPUT W/O LAL SINGH RAJPUT,
                           AGED ABOUT 32 YEARS, OCCUPATION: TEACHER R-32,
                           NEAR JAIN MANDIR, SHAKTINAGAR, JABALPUR
                           (MADHYA PRADESH)
Signature Not Verified
Signed by: APARNA TIWARI
Signing time: 2/10/2023
10:20:43 AM
                                                               2

                                                                                           .....PETITIONER
                           (BY SHRI V.P. SHAH - ADVOCATE)

                           AND
                           1.    THE STATE OF M.P. THROUGH THE PRINCIPAL
                                 SECRETARY    GENERAL    ADMINISTRATION
                                 DEPARTMENT VALLABH BHAWAN BHOPAL
                                 (MADHYA PRADESH)

                           2.    THE    PRINCIPAL  SECRETARY  SCHOOL
                                 EDUCATION DEPARTMENT VALLABH BHAWAN
                                 BHOPAL (MADHYA PRADESH)

                           3.    THE COMMISSIONER DIRECTORATE OF PUBLIC
                                 INSTRUCTION   (DPI) DEPARTMENT GAUTAM
                                 NAGAR, BHOPAL (MADHYA PRADESH)

                           4.    THE DISTRICT EDUCATION OFFICER DISTRICT
                                 INDORE (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI A. RAJESHWAR RAO - GOVERNMENT ADVOCATE)

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

Heard on admission.

2. Regard being had to the commonality of facts and issues involved, both the petitions were analogously heard and decided by the common order. For convenience sake, facts of W.P. 913/2013 are taken into consideration.

3. Instant petition is preferred by petitioner taking exception to the action of the respondents whereby petitioner's examination form for Middle School Teacher Eligibility Test 2018 has not been considered under Other Backward Class (OBC) category and she is treated to be a general candidate.

4. Precisely stated facts of the case are that petitioner originally resident of District Agra (U.P.) and belongs to Lodhi community in Uttar Pradesh. Said

Signature Not Verified Signed by: APARNA TIWARI Signing time: 2/10/2023 10:20:43 AM

community is notified as OBC in the State of Uttar Pradesh and, therefore, she had an OBC certificate in her favour issued by competent authority. She got married to one Lal Singh Rajput resident of Gormi Tehsil, District Bhind on 02.12.2009 as per Hindu Rites and Rituals and he also belongs to Lodhi community. After marriage, she is residing permanently in the State of Madhya Pradesh and became permanent resident of Madhya Pradesh. Copy of permanent resident certificate, Aadhar Card/Voter ID Card are placed with the petition.

5. Respondents conducted Middle Teacher Eligibility Test, 2018 (in short referred as "Eligibility Test, 2018") for the post of Middle School Teacher of various subjects under School Education Department/Tribal Welfare Department. Petitioner qualified in the fray and invited for document verification at the office of District Education Officer, District Indore. Petitioner appeared before the Officer on 24.11.2022 for document verification. Concerned DEO did not except the caste certificate of petitioner and informed her orally since OBC certificate issued by the State of Madhya Pradesh is not available to the petitioner, therefore, she cannot be treated as OBC for examination purpose. Therefore, these petitions have been preferred.

6. It is the submission of learned counsel for the petitioner that petitioner belongs to Lodhi community which is notified as OBC in both the States U.P.

and M.P. In view of the judgment passed by learned Division Bench of this Court in the case of Alka Singh (Dr.) Vs. State of M.P., 2012 (III) MPWN 84 petitioner is entitled to get benefit of equal treatment as OBC candidate as enjoyed by members of OBC community in M.P. He also referred the judgment of Apex Court in the case of Indira Sawhney Vs. Union of India 1992 Supplementary (3) SCC 217.

Signature Not Verified Signed by: APARNA TIWARI Signing time: 2/10/2023 10:20:43 AM

7. Learned Government Advocate for the respondent/State filed reply and opposed the prayer. He referred the circular dated 08.04.2021 passed by the Commissioner Public Instructions Madhya Pradesh in which it has been referred in Clause 10 that if a reserved category candidate produces caste certificate given by competent authority of Madhya Pradesh then only she would be treated as member of OBC community to avail the benefit of reservation, otherwise she would be treated as member of general category. He also relied upon judgment passed by order dated 01.04.2022 passed in W.P. No.11868/2021 in the case of Poonam Chourasiya Vs. State of M.P. & Ors. to submit that learned Division Bench of this Court has considered this aspect and in which circular dated 08.04.2021 has been discussed, benefit of reservation will be given to the original resident of M.P. He prayed for dismissal of petition.

8. Heard.

9. This is a case where petitioner who is an aspirant in School Education Department and is of OBC community taking exception to denial of her candidature. Admittedly, she is resident of Uttar Pradesh and belongs to Lodhi Community and, therefore, entitled to avail the benefit of OBC certificate. However, as per circular dated 08.04.2021 and later on clarified by the learned Division Bench of this Court it appears that petitioner has to obtain caste certificate first from State of Madhya Pradesh and then only she can agitate.

10. Here in the present case, petitioner is asserting the claim on the basis of her marriage in Madhya Pradesh because of the fact that she has not obtained any caste certificate from concerned authority, therefore, her plea cannot be entertained. Order of a learned Division Bench is clear in this regard. Judgment

Signature Not Verified Signed by: APARNA TIWARI Signing time: 2/10/2023 10:20:43 AM

relied upon by the petitioner moves in different factual realm because in that case petitioner was agreed by denial by the revenue authority regarding caste certificate. Here, in the present case, she has not applied for getting caste certificate before the competent authority at all and trying to assert that her claim is justified.

11. Considering the cumulative analysis, no case for indulgence is made out.

12. Both the petitions sans merit are hereby dismissed.

(ANAND PATHAK) JUDGE AT

Signature Not Verified Signed by: APARNA TIWARI Signing time: 2/10/2023 10:20:43 AM