Madhya Pradesh High Court
Mrharban Singh vs The State Of Madhya Pradesh on 29 April, 2025
Author: Dwarka Dhish Bansal
Bench: Dwarka Dhish Bansal
NEUTRAL CITATION NO. 2025:MPHC-JBP:19638
1 WP-14622-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 29th OF APRIL, 2025
WRIT PETITION No. 14622 of 2025
MRHARBAN SINGH
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri S.K. Sharma - Advocate for the petitioner.
Shri K.S. Baghel - Government Advocate for the respondents/State.
ORDER
This writ petition has been preferred by the petitioner seeking the
following reliefs :-
"(i) To issue a writ in the nature of Mandamus directing the
respondents authorities to issue the appointment order of
petitioner post of Samvida Shala Shikshak Grade-III, after
considering the case of the petitioner in view of the amended
criteria, if found otherwise eligible for appointment along with all
the consequential benefits.
(ii) To issue a writ in the nature of Mandamus directing the
respondents authorities to apply the Judgment delivered by
Hon'ble Apex Court in the case of Smita Shrivastava Vs. State of
Madhya Pradesh (Supra), in facts and circumstances of the
petitioner and the ratio of said judgment be declared fully
applicable on petitioner, while considering petitioner's candidature
for appointment on the post of Samvida Shala Shikshak Grade-III.
(iii) To issue a writ in the nature of Mandamus directing the
respondents authorities to grant Seniority on the post of Samvida
Shala Shikshak Grade-III in service w.e.f. year 2009 i.e. date of
passing Guruji Second Recruitment Test 2009 (Revised)
conducted by conducted by M.P. Professional Examination Board,
Bhophal.
(iv) To issue a writ in the nature of Mandamus directing the
respondents authorities to grant cost quatified at Rs.10,00,000/-
(Rupees Ten Lakhs only), in light of para 11 (iii) of Judgment
delivered by Hon'ble Apex Court in the case of Smita Shrivastava
Vs. State of Madhya Pradesh (Supra),
NEUTRAL CITATION NO. 2025:MPHC-JBP:19638
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(v) Any other suitable relief deemed fit in the facts and
circumstances of the case may also kindly be granted together
with the cost of this Petition."
2. Learned counsel for the petitioner submits that the petitioner's case
is squarely covered by the decision given by Hon'ble Supreme Court in the
case of Smita Shrivastava Vs. The State of Madhya Pradesh & Ors. Etc.,
SLP (C) No(S).23966-23968 of 2022 dated 3/5/2024 . He submits that in this
regard petitioner has already submitted his representation (Annexure P/8) to
respondent 3 and he may be permitted to file fresh representation in respect
of his grievance with further direction to respondents 3 and 4 to decide the
same in the light of decision in the case of Smita Shrivastava (supra) by
passing a reasoned and speaking order in a time bound manner.
3. The prayer made by the petitioner has not been opposed by the
learned counsel appearing for the respondents/State.
4. After hearing learned counsel for the parties, the innocuous prayer
made on behalf of the petitioner is hereby accepted with a direction to the
petitioner to submit his representation to respondent 3-Collector, Panna,
District Panna (M.P.) and respondent 4-District Education Officer, Panna,
District Panna (M.P.) within a period of 15 days and in turn, respondents 3
and 4 are directed to consider and decide the representation of the petitioner
taking into consideration the decision in the case of Smita Shrivastava (supra)
within a period of 90 days from the date of receipt of representation along
with the certified copy of this order passed by this Court today by passing a
reasoned and speaking order.
5. If the case of petitioner is found to be covered by the decision in the
NEUTRAL CITATION NO. 2025:MPHC-JBP:19638
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case of Smita Shrivastava (supra), the petitioner shall be given the requisite
benefits in accordance with law.
6. It is also directed that the respondents 3 and 4 shall intimate the
decision on representation to the petitioner.
7. It is made clear that this Court has not expressed any opinion on
merits and demerits of the case.
8. With the aforesaid, this writ petition is disposed off.
9. Misc. application(s), pending if any, shall stand closed.
(DWARKA DHISH BANSAL)
JUDGE
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