Madhya Pradesh High Court
Prabhat Kumar Rawat vs The State Of Madhya Pradesh on 20 February, 2025
Author: Dwarka Dhish Bansal
Bench: Dwarka Dhish Bansal
NEUTRAL CITATION NO. 2025:MPHC-JBP:8225
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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 20th OF FEBRUARY, 2025
WRIT PETITION No. 1068 of 2025
PRABHAT KUMAR RAWAT AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Devraj Vishwakarma - Advocate for the petitioners.
Shri Anshuman Swami - Govt. Advocate for respondents/State.
ORDER
This writ petition has been preferred by the petitioners seeking the
following reliefs:-
"(i) To issue a writ in the nature of mandamus directed to the
respondents 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, and decide
the pending representation (P-6) within sixty days for appointment
on the post of Contract Teacher Grade-III, if found otherwise
eligible for appointment with all the consequential benefits.
(iii) That, the Judgment delivered in the case of Smita Shrivastava
Versus State of Madhya Pradesh (Supra) is declared fully
applicable petitioners and the petition are 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"
2. Learned counsel for the petitioners submits that the petitioners' case
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is covered by decision given by Hon'ble Supreme Court in the case of Smita
Shrivastava vs. The State of Madhya Pradesh & Ors. passed in S.L.P.(C)
No(s).23966-23968 of 2022 decided on 03.05.2024. He submits that in this
regard petitioners have already submitted their representations (Annexure
P/6) to respondents, but the same have not been decided so far. He further
submits that petitioners may be permitted to resubmit representation(s) in
respect of their grievances with further direction to respondent 3 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 on behalf of the petitioners 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 petitioners is hereby accepted with a direction to the
petitioners to resubmit their representation(s) to respondent 3-
Commissioner, Rajya Shiksha Kendra, Pustak Bhawan B-wing Arera Hills,
Bhopal (M.P.), within a period of 15 days and in turn, respondent 3 is
directed to consider and decide the representation(s) of the petitioners 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(s) along
with the certified copy of the order passed by this Court today by passing a
reasoned and speaking order.
5. If the case of petitioners is found to be covered by the decision in
the case of Smita Shrivastava (supra), the petitioners shall be given the
requisite benefit in accordance with law.
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6. It is also directed that respondent 3 shall intimate the decision on
representation to the petitioners.
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
SN
