Madhya Pradesh High Court
Ajay Kumar vs The State Of Madhya Pradesh on 7 August, 2025
NEUTRAL CITATION NO. 2025:MPHC-GWL:16936
1 WP-7555-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ASHISH SHROTI
ON THE 7 th OF AUGUST, 2025
WRIT PETITION No. 7555 of 2022
AJAY KUMAR
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri M.P.S. Raghuvanshi- Senior Advocate with Shri Mohammad
Amir Khan- Advocate for the petitioner.
Shri K.K. Prajapati- GA for the respondents/State.
ORDER
The petitioner has filed this writ petition praying for a direction to the
respondents to accept his joining on the post of Uchcha Madhyamik
Shikshak and to grant him other consequential benefits.
2. The facts necessary for decision of this case are that the petitioner
participated in the process of recruitment on the post of Uchcha Madhyamik
Shikshak conducted by the Public Instructions Department. He successfully
cleared the selection process and consequently, the order of appointment was
issued by respondent no.2 on 15/3/2022 (Annexure P/8). The petitioner's
name finds place at serial no.17. The petitioner was posted in Govt. Higher
Secondary School, Udotgrah, District Bhind. Clause 6 & 7 of the
appointment order, being relevant, are reproduced hereunder:-
"6/ संबंिधत अ यथ को दनांक 06.04.2022 तक पद थापना थल पर
NEUTRAL CITATION NO. 2025:MPHC-GWL:16936
2 WP-7555-2022
उप थित दे नी होगी। उप थित के समय संबंिधत अ यथ को
िन नानुसार द तावेज तुत करने ह गे। सम त अ यथ आव यक
सम त अिभलेख क मूल ित एवं उसक 3 व मा णत ितयेां के सेट
साथ म लायगे। अिभलेख का स यापन मूल द तावेज से जला िश ा
अिधकार अथवा उनके ारा अिधकृ त अिधकार के सम कराएंगे
जसक सूची िन नानुसार है :-
I. िनयु आदे श
II. 6 पासपोट साइज फोटो, आधार काड, र ज टड मोबाइल नंबर, ई-
मेल ए े स
III. जाित माण प (स म तर से जार कया हुआ नवीनतम
अनुसूिचत जनजाित, अनुसूिचत जाित, अ य पछड़ा वग एवं E.W.S.)
IV मूल िनवासी माण प
V. िन:श ता/ द यांगता का माण प - यूनतम 40 ितशत
द यांगता का मे डकल बोड का वैध माण प ( जन अ यिथय क
िनयु द यांग ण
े ी म हुई है ।
VI.अितिथ अनुभव माणप ( जन अ यिथय क िनयु अितिथ
िश क के अनुभव माण प के आधार पर हुई है )
VII. शासक य सेवक क थित म वभागीय अनुमित (NOC) अथवा
वभागीय अनुमित न होने क थित म संबंिधत वभाग को तुत सेवा
से यागप क पावती ित
VIII. अ यथ के शै णक माण प
IX. ोफेशनल ए जािमनेशन बोड ारा जार कोर काड
X. संल न शपथ प नोटराइ ड (प रिश .....)
7/ संबंिधत अ यथ पद थापना थल के जला मु यालय पर पदभार
हण करने के उपरांत अपने पद थापना थल पर पदभार हण करगे।
िनयु आदे श जार होने के दनांक से 15 दवस के भीतर मे डकल बोड
का िच क सा माण प भी तुत करना होगा।"
3. In furtherance of clause 6 & 7 of the appointment order, the
District Education Officer, Bhind constituted a committee of three members
vide order dated 16/3/2022 (Annexure R/1) for undertaking the work of
verification of the documents of the persons appointed vide order dated
15/3/2022. The process of joining and verification of documents was to take
place during the period of 17/3/2022 to 6/4/2022.
4. The petitioner filed the present writ petition on 29/3/2022 making
a specific averment in paragraph 5.12 that he went to the Office of District
NEUTRAL CITATION NO. 2025:MPHC-GWL:16936
3 WP-7555-2022
Education Officer, Bhind on 21/3/2022 for submitting his joining and
verification of documents but he was refused joining without giving him any
order in this regard.
5. On being noticed, the respondents have filed the reply, wherein, it
is stated that the petitioner failed to appear before the Screening Committee
for verification of the documents before 6/4/2022. The certificate in this
regards issued by District Education Officer, Bhind and signed by the three
Committee members is placed on record as Annexure R/2. As per this
certificate, the petitioner failed to appear in the Office of District Education
Officer during the period from 17/3/2022 to 6/4/2022. The respondents have
also placed on record copy of register as Annexure R/3, wherein, entries of
persons appeared in the office of District Education Officer for purposes of
verification of documents, are made.
6. Looking to the pleadings in this petition, apparently there is a
dispute between the petitioner and the respondents regarding the fact as to
whether the petitioner appeared in the Officer of District Education Officer
for purposes of verification of his documents and submitting joining or not?
7. The learned senior counsel for the petitioner submitted that in
compliance with the condition contained in clause 6 & 7 of the appointment
order, the petitioner duly went to submit his joining in the office of District
Education Officer, Bhind. However, for the reasons not known to him, he
was not allowed to join.
8. On the other hand, counsel for the State supported the action of
the respondents and submitted that the petitioner failed to submit his joining
NEUTRAL CITATION NO. 2025:MPHC-GWL:16936
4 WP-7555-2022
during the period from 17/3/2022 to 6/4/2022. He further submitted that
whether the petitioner appeared in the Office of District Education Officer or
not, is a disputed question of fact, which cannot be decided in the present
writ petition.
9. Considered the arguments and perused the record.
10. Admittedly, the period prescribed for verification of documents
and submitting joining was from 17/3/2022 to 6/4/2022. The petitioner filed
the present writ petition on 29/3/2022. Had it been a case where the petition
was filed after 6/4/2022, the submission made by learned counsel for the
State could have been accepted. However, the fact that petitioner approached
this Court on 29/3/2022 i.e. before the last date, goes to support petitioner's
contention that he was not allowed to join on 21/3/2022. Otherwise, there
was no occasion for the petitioner to approach this Court by filing this
petition. If for some reason, the petitioner could not appear till last date i.e.
06.04.2022 and then he had approached this Court, then of course his story
that he went for joining but not allowed, could have been doubted. However,
it is a case where the petitioner states that he went to the office of District
Education Officer on 21.03.2022 but not allowed to join and, therefore, he
immediately filed the present petition on 29.03.2022. The story putforth by
petitioner is thus found to be trustworthy.
11. The petitioner has been duly selected for appointment on the post
of Uchcha Madhyamik Shikshak vide order dated 15/3/2022 and therefore,
ousting him from job on the ground that he did not attend the Office of
District Education Officer for verification of document would not be proper.
NEUTRAL CITATION NO. 2025:MPHC-GWL:16936
5 WP-7555-2022
12. In view of the discussion made above, this Court is inclined to
allow this petition and grant an opportunity to petitioner to submit his
joining, get verification of his documents done. He is accordingly directed to
appear before District Education Officer, Bhind within a period of next 15
days alongwith certified copy of this order. The District Education Officer is
directed to take steps for verification of documents of the petitioner and for
giving posting to the petitioner at appropriate place. Needless to mention, if
the vacancy is not available in Govt. Higher Secondary School, Udotgrah,
District Bhind, the District Education Officer shall provide posting to the
petitioner at any other school.
13. Further, in view of judgment rendered by Apex Court in the case
of Union of India & ors. vs. Satya Prakash Vasisht reported in 1994 Supp.(2)
SCC 52, the petitioner is held entitled to benefit of notional seniority from
06.04.2022 (last date of submitting joining) and is held not entitled to back
wages.
14. With the aforesaid, petition stands allowed and disposed of.
(ASHISH SHROTI)
JUDGE
JPS/-
