Madhya Pradesh High Court

Manish Malviy vs The State Of Madhya Pradesh on 5 September, 2023

Author: Vijay Kumar Shukla

                                                        1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                           ON THE 5 th OF SEPTEMBER, 2023
                                           WRIT PETITION No. 17190 of 2023

                           BETWEEN:-
                           1.

MANISH MALVIY S/O SHREEKISHAN MALVIY, AGED ABOUT 39 YEARS, OCCUPATION: STUDENT VILLAGE BAGWADA, TEH. NASRULLAGANJ, DISTRICT SEHORE. PRESENTLY R/O- VIJAY NAGAR, INDORE (MADHYA PRADESH)

2. PRIYANKA JOSHI D/O KAMALAKANT JOSHI, AGED ABOUT 31 YEARS, OCCUPATION: NIL 558-B, SILICON CITY INDORE NEAR COMMUNITY HALL INDORE RAJENDRA NAGAR INDORE (MADHYA PRADESH)

3. BHUR SINGH RAWAT S/O MEHTAB SINGH RAWAT, AGED ABOUT 30 YEARS, OCCUPATION: NIL ZETRAD FALIYA, KANWADA JHABUA (MADHYA PRADESH)

4. RAVI BHATORE S/O SURESH CHANDRA BHATORE, AGED ABOUT 38 YEARS, OCCUPATION: NIL H. NO. 47 WARD NO 14 HATAI MOHALLA BRAHMANPURI DHAMNOD BIKHRON DISTRICT DHAR (MADHYA PRADESH)

5. NIRANJAN SINGH KANSANA S/O SUGHAR SINGH KANSANA, AGED ABOUT 47 YEARS, OCCUPATION: NIL GRAM KATHVA GURJAR POST GOHAD TEHSIL DISTRICT BHIND PRESENT R/O LIG COLONY INDORE (MADHYA PRADESH)

6. NIKITA YADAV W/O PRAHLAD YADAV, AGED ABOUT 42 YEARS, OCCUPATION: NIL MHOW DIST. INDORE (MADHYA PRADESH)

7. SANTOSH SINGH RAJAK S/O BADAM SINGH RAJAK, AGED ABOUT 40 YEARS, OCCUPATION: NIL WARD NO. 12 BHITARWAR DIST. GWALIOR PRESENT R/O LIG COLONY INDORE (MADHYA PRADESH)

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 05-09-2023 15:51:35

8. GIRRAJ SEMIL S/O MUNSHI LAL SEMIL, AGED ABOUT 28 YEARS, OCCUPATION: FARMER LAXMI MATA MANDIR KE PASS AMBAH ROAD BADOKHAR DIST. MORENA PRESENT R/O NEAR HARIK HOSTEL LALARAM NAGAR GEETA BHAWAN INDORE (MADHYA PRADESH)

9. AJNER DEHARIYA S/O RAJKUMAR DEHARIYA, AGED ABOUT 38 YEARS, OCCUPATION: NIL NEAR ELECTRICITY POLE, VILLAGE MALHANWARA POST BONYA DISTRICT CHHINDWARA PRESENT R/O MIG COLONY INDORE (MADHYA PRADESH)

10. JITENDRA SAXENA S/O RAM BABU SAXENA, AGED ABOUT 32 YEARS, OCCUPATION: NIL NEAR CONVENT SCHOOL BIAORA ROAD DIST. RAJGARH (MADHYA PRADESH)

11. ARUNENDR KUMAR PANDEY S/O SHAILENDRA PANDEY, AGED ABOUT 33 YEARS, OCCUPATION: NIL VILLAGE SITPURA TEHSIL NAGOD DISTRICT SATNA PRESENT R/O RAJENDRA NAGAR INDORE (MADHYA PRADESH)

12. YOGESH NALWAYA S/O VAJE SINGH NALWAYA, AGED ABOUT 30 YEARS, OCCUPATION: SERVICE VILLAGE BADAKHUTAJA BHAVRA DISTRICT ALIRAJPUR (MADHYA PRADESH)

13. BADIYA PARMAR S/O NEVLA PARMAR, AGED ABOUT 30 YEARS, OCCUPATION: SERVICE MALI FALIYA DEWALI DIST. ALIRAJPUR (MADHYA PRADESH)

14. CHETAN LIKHAR S/O KAMAL LIKHAR, AGED ABOUT 28 YEARS, OCCUPATION: TEACHER 54/3, NEW DEWAS ROAD MALWA MILL DIST. INDORE (MADHYA PRADESH)

15. POOJA D/O RAMNIVAS SONI, AGED ABOUT 32 YEARS, OCCUPATION: NIL VILLAGE KADODIYA MAKDONE TARANA DISTRICT UJJAIN (MADHYA PRADESH)

16. VISHNU W/O PRABHULAL, AGED ABOUT 32 YEAR S , OCCUPATION: NIL VILLAGE PIPLODA PANTH DISTRICT UJJAIN (MADHYA PRADESH)

17. PRABHULAL MAKWANA S/O SHANKAR LAL MAKWANA, AGED ABOUT 33 YEARS, OCCUPATION: NIL VILLAGE PIPLODA PANTH Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 05-09-2023 15:51:35

TEH. KHACHROD DISTRICT UJJAIN (MADHYA PRADESH)

18. JIVAN SINGH CHOUHAN S/O MOHAN LAL CHOUHAN, AGED ABOUT 44 YEARS, OCCUPATION: STUDENTS KHARSOD KHURD TEH. BARNAGAR DISTRICT UJJAIN (MADHYA PRADESH)

19. GOVERDHANLAL S/O RATAN LAL, AGED ABOUT 38 YEARS, OCCUPATION: STUDENT VILLAGE RANWA PALDUNA DIST UJJAIN (MADHYA PRADESH)

20. GAYTREE PAREEK D/O NARENDRA KUMAR, AGED ABOUT 41 YEARS, OCCUPATION: NIL HOUSE NO. 20 PATRAKAR COLONY BARNAGAR DISTRICT UJJAIN (MADHYA PRADESH)

21. AMIT PANDYA S/O SUNIL KUMAR PANDYA, AGED ABOUT 30 YEARS, OCCUPATION: STUDENT GRAM KHARSOD KHURD TEH BARNAGAR DIST. UJJAIN (MADHYA PRADESH)

22. VINOD SADIWAL S/O DOULATRAM SADIWAL, AGED ABOUT 32 YEARS, OCCUPATION: STUDENT GRAM DHURERI TEHSIL BARNAGAR DIST. UJJAIN (MADHYA PRADESH)

23. BHARAT CHOUHAN S/O RATAN LAL CHOUHAN, AGED ABOUT 28 YEARS, OCCUPATION: NIL VILLAGE LAKHESRA POST PALDUNA BADNAGAR DIST. UJJAIN (MADHYA PRADESH)

24. RAJESH DANGI S/O RAISINGH DANGI, AGED ABOUT 32 YEARS, OCCUPATION: NIL KHILCHIPUR NAKA ZIRAPUR DIST. RAJGARH (MADHYA PRADESH)

25. RAMESHWAR MEWADA S/O MANGILAL, AGED ABOUT 31 YEARS, OCCUPATION: NIL MOHALLA KISHANGARH ZIRAPUR DIST. RAJGARH (MADHYA PRADESH)

26. SOHAN KUMAR SHARMA S/O YASVANT KUMAR SHARMA, AGED ABOUT 42 YEARS, OCCUPATION: NIL MATKA COLONY KHUJNER ROAD DIST. RAJGARH (MADHYA PRADESH)

27. PRIYANKA TIWARI D/O GOVIND PRASAD TIWARI, AGED ABOUT 36 YEARS, OCCUPATION: NIL C-1083 SUKHLI DIST. INDORE (MADHYA PRADESH) Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 05-09-2023 15:51:35

28. SHSHANK DUBEY S/O ARUN KUMAR DUBEY, AGED ABOUT 41 YEARS, OCCUPATION: NIL LIG A/92 JANTA COLONY DIST. MANDSAUR (MADHYA PRADESH)

29. KHEMRAJ MAHAJAN S/O BAKARAM MAHAJAN, AGED ABOUT 36 YEARS, OCCUPATION: FACULTY IN COLLEGE DR. AMBEDKAR NAGAR MIG COLONY DIST. INDORE (MADHYA PRADESH)

30. ANURAG DODIYA S/O SUNDAR SINGH DODIYA, AGED ABOUT 34 YEARS, OCCUPATION: GUEST TEACHER DODIYA HOUSE VILLAGE RINGNOD BLOCK SARDARPUR DIST. DHAR (MADHYA PRADESH)

31. SANDHYA SHIVHARE D/O BADRIPRASAD BARKIYA, AGED ABOUT 49 YEARS, OCCUPATION: GUEST TEACHER OM SAINATH COLONY NEAR NEW DUNIYA PRESS RAU DIST. INDORE (MADHYA PRADESH)

32. BRAJESH KUMAR S/O RAMSEVAK, AGED ABOUT 32 YEARS, OCCUPATION: GOVT. TEACHER OM SAINATH COLONY NEAR NEW DUNIYA PRESS RAU DIST. INDORE (MADHYA PRADESH)

33. NEERU PAWAIYA D/O MAN SINGH PAWAIYA, AGED ABOUT 30 YEARS, OCCUPATION: STUDENT OM SAINATH COLONY NEAR NEW DUNIYA PRESS RAU DIST. INDORE (MADHYA PRADESH)

34. BHUWANLAL TANDEKAR S/O KAMRAJ TANDEKAR, AGED ABOUT 39 YEARS, OCCUPATION: NIL 318, AMBEDKAR MOHALLA MAIN ROAD KANSROD DIST. RAJGARH (MADHYA PRADESH)

35. DASHRATH PRASAD S/O SHRI SONE LAL, AGED ABOUT 28 YEARS, OCCUPATION: STUDENT PIPLINAKA NEAR SARASWATI SCHOOL DIST. UJJAIN (MADHYA PRADESH)

36. KIRAN BABAN IJGAJ S/O BABAN, AGED ABOUT 34 Y E A R S , OCCUPATION: NIL DEEPTI SINGH ACADEMY INDORE (MADHYA PRADESH)

37. JANHVI SINGH JAT W/O RAJ KUMAR JAT, AGED ABOUT 31 YEARS, OCCUPATION: NIL MAIN ROAD KANADIA INDORE (MADHYA PRADESH) Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 05-09-2023 15:51:35

38. JAYA GOYAL W/O RAKESH GOYAL, AGED ABOUT 34 YEARS, OCCUPATION: NIL RANAPUR JHABUA (MADHYA PRADESH)

39. RAMCHANDR NAGAR S/O GANGADHAR NAGAR, AGED ABOUT 41 YEARS, OCCUPATION: GUEST FACULTY VILLAGE KHAJURI GOKUL TEHSIL KHILCHIPUR DIST. RAJGARH (MADHYA PRADESH)

40. ASHOK KUMAR DANGI S/O KANHAIYALAL, AGED ABOUT 36 YEARS, OCCUPATION: GUEST FACULTY VILLAGE BHATKHEDA TEH. KHILCHIPUR DIST. RAJGARH (MADHYA PRADESH)

41. SMT. PREKSHA CHALISGAONKAR D/O SHYAM CHALISGAONKAR, AGED ABOUT 49 YEARS, OCCUPATION: GUEST FACULTY VILLAGE CHAPIHEDA TEHSIL KHILCHIPUR DIST. RAJGARH (MADHYA PRADESH)

42. DINESH KUMAR DANGI S/O ROOP SINGH DANGI, AGED ABOUT 30 YEARS, OCCUPATION: NIL VILLAGE HINOTIYA TEHSIL KHILCHIPUR DISTRICT RAJGARH (MADHYA PRADESH)

43. GOVIND PRASAD YADAV S/O SHIVLAL YADAV, AGED ABOUT 32 YEARS, OCCUPATION: NIL VILLAGE CHOUNDAPURA POST LIMBODA DIST. RAJGARH (MADHYA PRADESH)

44. GIRIRAJ KARPENTER S/O RATANLAL KARPENTER, AGED ABOUT 37 YEARS, OCCUPATION: GEUST FACULTY VILLAGE KHAJURI GOKUL TEHSIL KHILCHIPUR DIST. RAJGARH (MADHYA PRADESH)

45. NILESH KUMAR SHARMA S/O RAMESH CHANDRA SHARMA, AGED ABOUT 34 YEARS, OCCUPATION: SERVICE 93/1 GAYATRI COLONY TEHSIL KHILCHIPUR DIST. RAJGARH (MADHYA PRADESH)

46. RAKHI CHOURE D/O SURESH CHOURE, AGED ABOUT 28 YEARS, OCCUPATION: NIL DEEPTI GIRLS HOSTEL DISTRICT INDORE (MADHYA PRADESH)

.....PETITIONER (BY SHRI AKASH SHARMA - ADVOCATE) Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 05-09-2023 15:51:35

AND

1. THE STATE OF MADHYA PRADESH PRINCIPAL SECRETARY DEPARTMENT OF SCHOOL EDUCATION VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. COM M ISSIONER/DIRECTOR LOK SHIKSHAN SAN CHAN ALAYA GAUTAM NAGAR HOUSING BOARD COLONY BHOPAL (MADHYA PRADESH)

3. SECR ETARY EMPLOYEES SELECTION BOARD CHAYAN BHAWAN MAIN ROAD NO. 1 CHINAR PARK EAST BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (MS. BHARTI LAKKAD - G.A. FOR STATE)

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

ORDER Counsel for the State submits that issue raised in the present petition is covered by the judgment dated 27.7.2023 passed by the Division Bench at Principal Seat in Writ Petition No. 15707 of 2023 (Himanshi Singh and others

Vs. State of Madhya Pradesh and others).

A t this stage, counsel for the petitioners prays for withdrawal of the petition with liberty to challenge the legality and validity of the M.P. School Education Service (Teaching Cadre) Rules, 2018.

The petition is accordingly dismissed as withdrawn with the aforesaid liberty.

(VIJAY KUMAR SHUKLA) JUDGE MK

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 05-09-2023 15:51:35