M.P.Shikshak Sangh vs The State Of M.P. And Ors.
2024 Latest Caselaw 14004 MP

Madhya Pradesh High Court

M.P.Shikshak Sangh vs The State Of M.P. And Ors. on 13 May, 2024

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                            1
                              IN THE HIGH COURT OF MADHYA PRADESH
                                          AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                  ON THE 13 th OF MAY, 2024
                                        WRIT PETITION (SERVICE) No. 5360 of 2005

                           BETWEEN:-
                           THE     MADHYA     PRADESH    SHIKSHAK   SANGH
                           (RECOGNISED BY THE GOVERNMENT) STATE LEVEL
                           OFFICE, 69/1, DAKSHIN TATYA TOPE NAGAR, BHOPAL
                           (M.P.) DISTRICT BRANCH AT JABALPUR THROUGH ITS
                           JOINT SECRETARY SHIVAJI BAVISTALE, AGED ABOUT
                           52 YEARS, RESIDENT OF VILLAGE KHAIRI, POST
                           KUMHARI, TEHSIL AND DISTRICT BALAGHAT
                           (MADHYA PRADESH)

                                                                                     .....PETITIONER
                           (NONE FOR THE PETITIONER)

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

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

                           3.          THE SECRETARY, TRIBAL WELFARE
                           DEPARTMENT, VALLABH BHAWAN, BHOPAL (MADHYA
                           PRADESH)

                                                                                  .....RESPONDENTS
                           (BY SHRI MOHAN SAUSARKAR - GOVERNMENT ADVOCATE)

                                 This petition coming on for orders this day, t h e cou rt passed the
                           following:
                                                            ORDER

None for the petitioner.

Shri Mohan Sausarkar, learned Government Advocate submits that this

petition at the instance of Madhya Pradesh Shikshak Sangh is not maintainable in the light of judgment of the Division Bench of this High Court in Prabhat Vs. Barkatulla University and another, 2011 ILR MP 1692 , inasmuch as, there is no resolution of the General body of the Shikshak Sangh in favour of the petitioner association.

In view of the above, when this aspect is examined then, in the light of judgment of the Division Bench of this High Court in case of Prabhat (supra), this writ petition is not maintainable.

Accordingly, this writ petition is dismissed as not maintainable.

(VIVEK AGARWAL) JUDGE pp