Smt Reea Marwadi vs The State Of Madhya Pradesh
2023 Latest Caselaw 10014 MP

                                 1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                            BEFORE
              HON'BLE SHRI JUSTICE ANAND PATHAK
                       ON THE 3 rd OF JULY, 2023
                  WRIT PETITION No. 14692 of 2023

BETWEEN:-
SMT REEA MARWADI W/O SHRI PRADEEP MARWADI,
AGED ABOUT 42 YEARS, OCCUPATION: TEACHER GOVT
HIGHER SECONDARY SCHOOL ANDHEHARI KHURD
DISTRICT BHIND (MADHYA PRADESH)

                                                             .....PETITIONER
(BY SHRI S.K. JAIN-ADVOCATE)

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

2.    THE   COMMISSIONER PUBLIC INSTRUCTION
      GAUTAM NAGAR BHOPAL (MADHYA PRADESH)

3.    JOINT    DIRECTOR          EDUCATION GWALIOR
      (MADHYA PRADESH)

4.    DISTRICT EDUCATION OFFICER BHIND (MADHYA
      PRADESH)

                                                          .....RESPONDENTS
(BY SHRI MAAN SINGH JADON-GOVT. ADVOCATE )

      This petition coming on for admission this day, th e court 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.

With the aforesaid direction, the present petition is disposed of. VANDANA VERMA 2023.07.04 10:34:19 -07'00' 3

(ANAND PATHAK) JUDGE Van