Madhya Pradesh High Court
Harshikesh Bisen vs The State Of Madhya Pradesh on 1 August, 2024
1 WP-27745-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANJEEV SACHDEVA,
ACTING CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VINAY SARAF
ON THE 1 st OF AUGUST, 2024
WRIT PETITION No. 25805 of 2022
SUSHIL SINGH AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Dinesh Singh Chauhan,- Advocate for the Petitioner.
Shri B.D. Singh - Government Advocate for the Respondents/State.
Shri Vijayendra Singh Choudhary - Advocate for the respondent No.3.
WITH
WRIT PETITION No. 25840 of 2022
ABHISHEK KACHHWAHA AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Amar Prakash Gupta - Advocate for the Petitioner.
Shri B.D. Singh - Government Advocate for the Respondents/State.
WRIT PETITION No. 26341 of 2022
PRATIKSHA PANDEY
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Rakesh Singh - Advocate for the Petitioner.
Signature Not Verified
Signed by: AKANKSHA
MAURYA
Signing time: 8/5/2024
6:32:18 PM
2 WP-27745-2022
Shri B.D. Singh - Government Advocate for the Respondents/State.
WRIT PETITION No. 27745 of 2022
HARSHIKESH BISEN AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri R.S. Thakur - Advocate for the Petitioner through VC.
Shri B.D. Singh - Government Advocate for the Respondents/State.
Shri Vijayendra Singh Choudhary - Advocate for the respondent No. 3.
WRIT PETITION No. 28528 of 2022
SHALINI SHUKLA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Amar Prakash Gupta - Advocate for the Petitioner.
Shri B.D. Singh - Government Advocate for the Respondents/State.
WRIT PETITION No. 28637 of 2022
PRIYA DWIVEDI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Amar Prakash Gupta - Advocate for the Petitioner.
Shri B.D. Singh - Government Advocate for the Respondents/State.
WRIT PETITION No. 2394 of 2023
JIGYASA SAHU
Versus
THE STATE OF M.P. AND OTHERS
Appearance:
Shri R.S. Thakur - Advocate for the Petitioner through VC.
Shri B.D. Singh - Government Advocate for the Respondents/State.
Signature Not Verified
Signed by: AKANKSHA
MAURYA
Signing time: 8/5/2024
6:32:18 PM
3 WP-27745-2022
WRIT PETITION No. 9688 of 2023
VERSHA DHURVE AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri R.S. Yadav - Advocate for the Petitioner.
Shri B.D. Singh - Government Advocate for the Respondents/State.
WRIT PETITION No. 14076 of 2023
KU. ANKITA IRPACHE AND OTHERS
Versus
THE STATE OF M.P. AND OTHERS
Appearance:
Shri R.S. Thakur - Advocate for the Petitioner through VC.
Shri B.D. Singh - Government Advocate for the Respondents/State.
WRIT PETITION No. 14489 of 2023
KU KARINA UIKEY
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri R.S. Thakur - Advocate for the Petitioner through VC.
Shri B.D. Singh - Government Advocate for the Respondents/State.
WRIT PETITION No. 16314 of 2023
RAKSHA MALI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri D.S. Chouhan - Advocate for the Petitioner.
Shri B.D. Singh - Government Advocate for the Respondents/State.
WRIT PETITION No. 20457 of 2023
KU. NITEESHA WASKLE
Signature Not Verified
Signed by: AKANKSHA
MAURYA
Signing time: 8/5/2024
6:32:18 PM
4 WP-27745-2022
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri M.P. Tripathi - Advocate for the Petitioner.
Shri B.D. Singh - Government Advocate for the Respondents/State.
ORDER
Per: Sanjeev Sachdeva, Acting Chief Justice
1. Petitioner has impugned the Guidelines dated 27.10.2022 whereby the
minimum age fixed by the initial advertisement was sought to be changed
by the respondents.
2 . An Advertisement for recruitment of Primary School Teacher Eligibility
Test, 2020 was issued. Petitioners participated in the test and claim to have
successfully qualified the test. As per the advertisement issued in the year
2020, the qualifying age for appearing in the qualification test was 18 years
as on 1st January, 2021.
3. Subsequently, on 27.10.2022, the impugned guidelines were issued for
selection/examination whereby the minimum age was fixed as 21 years as on
01.01.2022.
4. Petitioners contend that in the original advertisement for the Eligibility
Test since the age was 18 years as on 01.01.2021 for the selection test the
age could not have been fixed at 21 years as on 01.01.2022.
5. Learned counsels for the petitioners rely on a judgment of a Single Judge
dated 23.02.2024 in Writ Petition No.24014/2023 titled Rajesh Bhuriya and
another vs. State of Madhya Pradesh and Ors. of the Bench at Indore which
was though pertaining to a different advertisement, however, the learned
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Single Judge interpreted Rule 8(1)(a) of the Madhya Pradesh School
Education Service (Teaching Cadre), Service Conditions and Recruitment
Rules, 2018 which specified the minimum age as on 1st day of January,
ensuing after the date of commencement of selection process and held that
the age should be considered as on 1st January of the succeeding year of the
year of the commencement of selection process.
6 . Learned counsel for the petitioners contends that since the selection
process had started in the year 2023 the date as on 01.01.2024 should be
crucial date for determining the minimum age of eligibility of 21 years.
7. Learned counsel for the petitioners further submits that as per his
instruction State has decided not to impugn the judgment of learned Single
Judge in Rajesh Bhuriya (Supra) and as such all the candidates who
complete the age of 21 years as on 01.01.2024 are eligible for participating
in the selection process.
8. Learned counsel appearing for the respondent/State submits that as per his
instruction, State has decided not to impugn the said judgment and has
already commenced the process of evaluating the candidates eligibility with
regard to the minimum age as of 01.01.2024 for the selection process which
commenced in the year 2023. He submits that for the selection process that
commenced in the year 2022 the eligibility would be tested as on 01.01.2023
and for the selection process that commenced in the year 2023, the eligibility
would be assessed as of 01.01.2024.
9. Learned counsel for the petitioners submits that in the view of said
assurances the grievance of the petitioners would stand redressed.
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10. In view of the above, the petitions are disposed of directing the
respondents to consider the eligibility of the petitioners who participated in
selection process which commenced in the year 2023 as of 01.01.2024.
11. Petitions are disposed in above terms.
(SANJEEV SACHDEVA) (VINAY SARAF)
ACTING CHIEF JUSTICE JUDGE
Akm
