Neeraj Rai vs The State Of Madhya Pradesh
2023 Latest Caselaw 15728 MP

                                                           1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                       BEFORE
                                       HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                            ON THE 23 rd OF SEPTEMBER, 2023
                                             WRIT PETITION No. 9193 of 2023

                          BETWEEN:-
                          NEERAJ RAI S/O GOVIND RAI, AGED ABOUT 24 YEARS,
                          OCCUPATION: STUDENT R/O SAIKHEDA TEHSIL
                          SILWANI RAISEN (MADHYA PRADESH)

                                                                                       .....PETITIONER
                          (BY SHRI RAMESHWAR SINGH THAKUR - ADVOCATE)

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

                          2.    D I R E C T O R / C O M M I S S I O N E R , PUBLIC
                                I N S T R U T I O N S GAUTAM  NAGAR       BHOPAL
                                (MADHYA PRADESH)

                          3.    PROFESSIONAL      EXAMINATION       BOARD,
                                THROUGH ITS DIRECTOR CHAYAN BHAWAN,
                                MAIN ROAD NO. 1, CHINAR PARK(EAST), BHOPAL
                                (MADHYA PRADESH)

                          4.    DISTRICT     EDUCATION    OFFICER, RAISEN
                                DISTRICT RAISEN (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                          (SHRI GIRISH KEKDE - GOVT. ADVOCATE FOR THE STATE)
                          (SHRI KSHITIJ RAJPUROHIT - ADVOCATE ON BEHALF OF SHRI V.S.
                          CHOUDHARY - ADVOCATE FOR RESPONDENT NO. 3.

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

Signature Not Verified Signed by: VIVEK KUMAR TRIPATHI Signing time: 9/25/2023 4:28:21 PM

Counsel for the petitioner contends that the petitioner herein has been appointed as Primary Teacher and also submitted his joining on 8.4.2023 but during the scrutiny of documents, as the petitioner himself disclosed in his affidavit that a case under Sections 294, 323, 506 read with 34 I.P.C is registered against the petitioner, in such circumstances District Education Officer, vide communication dated 5.4.2023 (Annexure P-5) sought guidance from Commissioner, Public Instructions, as to whether the joining of the petitioner is to be accepted or not.

2. It is contended by the counsel that the Commissioner, Public Instructions is required to take a decision on the communication dated 8.4.2023

(Annexure P-5) in the light of the law laid down by the Apex Court in Avtar Singh v. Union of India and others [(2016) 8 SCC 471]. Therefore, submits that the Commissioner, Public Instructions be directed to take decision on communication dated 8.4.2023 (Annexure P-5) in the light of paragraph 38.6 of the judgment in Avtar Singh (supra).

3. Counsel for State Shri Kekde submits that a decision in terms of the law laid down by the Apex Court in the case of Avtar Singh (supra) shall be taken by the Commissioner, Public Instructions.

4. In view of the aforesaid consensus arrived at between the parties, the present petition stands disposed of with a direction to the respondents to take a decision on the communication dated 8.4.2023 (Annexure P-5) sent by District Education Officer, Raisen within a period of sixty days from the date of production of certified copy of this order while affording an opportunity of hearing to the petitioner as well.

5. It is made clear that this Court has not expressed anything on merit

Signature Not Verified and the Commissioner, Public Instructions in his own wisdom shall take a Signed by: VIVEK KUMAR TRIPATHI Signing time: 9/25/2023 4:28:21 PM

decision in accordance with law.

6. With the aforesaid the petition stands disposed of.

(MANINDER S. BHATTI) JUDGE vivek

Signature Not Verified Signed by: VIVEK KUMAR TRIPATHI Signing time: 9/25/2023 4:28:21 PM