Madhya Pradesh High Court

Komal Vishvakarma vs The State Of Madhya Pradesh on 1 April, 2025

         NEUTRAL CITATION NO. 2025:MPHC-GWL:7428




                                                            1                              WP-11344-2025
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE ASHISH SHROTI
                                                 ON THE 1 st OF APRIL, 2025
                                              WRIT PETITION No. 11344 of 2025
                                        KOMAL VISHVAKARMA AND OTHERS
                                                    Versus
                                   THE STATE OF MADHYA PRADESH AND OTHERS
                         Appearance:
                                Shri Devraj Vishwakarma - Advocate for the petitioners appears

                         through the Video Conferencing.
                                Shri Dilip Awasthi- Govt. Advocate for the State.

                                                                ORDER

The petitioners have filed this petition praying for following reliefs;

(i) To issue a writ in the nature of mandamus to respondents and directed to the respondent's authority for decide the claim of the petitioners in the light of the Judgment Smita Shrivastava (Supra) passed by the Hon'ble Apex Court.

(ii) To issue a writ in the nature of mandamus for directed to the respondents to issue the appointment order after considering the case of the petitioners in view of the amended criteria, for appointment on the post of Contract Teacher Grade-lIl, if found otherwise eligible for appointment with all the consequential benefits.

(iii) That, the Judgment delivered by the Hon'ble Supreme Court in the case of Smita Shrivastava Versus State of Madhya Pradesh (Supra) is declared fully applicable petitioners and the petition is disposed of the similar terms and with similar directions.

(iv) To grant any other relief, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case including cost of the litigation in favor of the petitioner.

NEUTRAL CITATION NO. 2025:MPHC-GWL:7428

2 WP-11344-2025 [2]. Learned counsel for the petitioners submits that this case is covered by the order passed by the Coordinate Bench of this Court in the case of Hotam Singh Yadav & Ors. Vs. The State of M.P. & Ors. in W.P. No.35766 of 2024 on 29.11.2024. He further submits that present petition may be disposed of with the direction to respondent no.2 to consider their case keeping in view the order passed in the case of Hotam Singh Yadav (supra).

[3]. On the other hand, learned counsel for the respondents/State has no objection to the innocuous prayer made by learned counsel for the petitioners.

[4]. In view of aforesaid, this petition is disposed of with the directions

to respondent no.2 to consider the petitioners' claim keeping in view the order passed in the case of Hotam Singh Yadav (supra).

[5]. The petitioners are at liberty to submit the representation before respondent no.2 alongwith copy of this order within a period of 15 days from today and in turn the respondent no.2 is directed to consider the same and pass a suitable order within a further period of 90 days.

[6]. With the aforesaid directions, instant petition stands disposed of.

(ASHISH SHROTI) JUDGE

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