Madhya Pradesh High Court

Subhi Jain vs The State Of Madhya Pradesh on 25 February, 2025

Author: Vishal Dhagat

Bench: Vishal Dhagat

1 WP-15464-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 25th OF FEBRUARY, 2025
WRIT PETITION No. 30291 of 2022
PHOOL CHANDRA PATEL AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Brindavan Tiwari - Advocate for petitioners.
Shri Pradeep Singh - Government Advocate for State.
WITH
WRIT PETITION No. 30300 of 2022
RACHNA DWIVEDI AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Anshuman Singh - Advocate for petitioners.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 30401 of 2022
KOMAL PATEL AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Ms. Shaifali Saraf - Proxy counsel on behalf of Shri Shantanu Ayachi - Advocate
for petitioner.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 449 of 2023
NAMRATA CHANSAURIYA
Versus

Signature Not Verified
Signed by: ANURAG SONI
Signing time: 07-03-2025
17:02:30
2 WP-15464-2023
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Anshuman Singh - Advocate for petitioner.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 451 of 2023
SUSHMA KUSHWAHA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
None appears for petitioner.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 591 of 2023
RAMESHWAR DANGI AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Amit Kumar Chaturvedi - Advocate for petitioner.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 1651 of 2023
SNEHA SAGAR KUWAR AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
None appears for petitioners.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 1797 of 2023
ANUBHA DUBEY
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:

Signature Not Verified
Signed by: ANURAG SONI
Signing time: 07-03-2025
17:02:30
3 WP-15464-2023
None appears for petitioner.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 1895 of 2023
SANDEEP KUMAR BANKAR AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Yashpal Patel - Advocate for petitioners.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 1984 of 2023
VIVEK RATHOR AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Amit Kumar Chaturvedi - Advocate for petitioners.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 2327 of 2023
ARTI SINGH RATHORE AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Rameshwar Singh Thakur - Advocate with Shri Shivanshu Kol - Advocate and
Shri Ramesh Prajapati - Advocate for petitioner.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 2566 of 2023
MANOJ KUMAR SONI AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Amit Kumar Chaturvedi - Advocate for petitioners.
Shri Pradeep Singh - Government Advocate for State.

Signature Not Verified
Signed by: ANURAG SONI
Signing time: 07-03-2025
17:02:30
4 WP-15464-2023
WRIT PETITION No. 2579 of 2023
RAMU SEN AND OTHERS
Versus
STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Yashpal Patel - Advocate for petitioners.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 3022 of 2023
RAGINI VARMA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Rameshwar Singh Thakur - Advocate with Shri Shivanshu Kol - Advocate and
Shri Ramesh Prajapati - Advocate for petitioner.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 3030 of 2023
DEEPCHAND AHIRWAR AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
None appears for petitioners.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 3629 of 2023
JAYVENDRA SINGH KUSHWAHA AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
None appears for petitiones.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 4051 of 2023

Signature Not Verified
Signed by: ANURAG SONI
Signing time: 07-03-2025
17:02:30
5 WP-15464-2023
ANIL SAHU AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Amit Kumar Chaturvedi - Advocate for petitiones.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 4115 of 2023
NIDHI SHRIVASTAV
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
None appears for petitioners.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 4354 of 2023
RAVINDRA KAURAV
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Rameshwar Singh Thakur - Advocate with Shri Shivanshu Kol - Advocate and
Shri Ramesh Prajapati - Advocate for petitioner.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 4635 of 2023
SMT DURGESHWARI SULAKHE AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Amit Kumar Chaturvedi - Advocate for petitioner.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 4859 of 2023
DEEPA DEVI PATEL AND OTHERS
Versus

Signature Not Verified
Signed by: ANURAG SONI
Signing time: 07-03-2025
17:02:30
6 WP-15464-2023
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:

Shri Yashpal Patel - Advocate for petitioners.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 6439 of 2023
VARSHA THAKUR AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Anshuman Singh - Advocate for petitioners.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 8637 of 2023
KAUSHAL KISHORE RAJORIYA AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Anshuman Singh - Advocate for petitioners.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 8655 of 2023
UMA GOYAL AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Anshuman Singh - Advocate for petitioners.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 8989 of 2023
SATYENDRA KUMAR SINGH NIRANJAN AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS

Signature Not Verified
Signed by: ANURAG SONI
Signing time: 07-03-2025
17:02:30
7 WP-15464-2023
Appearance:

Shri Yashpal Patel - Advocate for petitioners.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 9180 of 2023
RAM NIVAS SHAH AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Anshuman Singh - Advocate for petitioners.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 9959 of 2023
BABLU DHAKAD AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Anshuman Singh - Advocate for petitioners.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 10392 of 2023
ADITI SHARMA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Anshuman Singh - Advocate for petitioners.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 15464 of 2023
SUBHI JAIN
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:

Signature Not Verified
Signed by: ANURAG SONI
Signing time: 07-03-2025
17:02:30
8 WP-15464-2023
None appears for petitioner.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 15812 of 2023
PRABHA RAIKWAR
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Rajmani Singroul - Advocate for petitioner.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 16846 of 2023
AYUSHI JAIN AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Rameshwar Singh Thakur - Advocate with Shri Shivanshu Kol - Advocate and
Shri Ramesh Prajapati - Advocate for petitioner.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 18951 of 2023
BHAVNA SOLANKY
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Amit Kumar Chaturvedi - Advocate for petitioner.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 21226 of 2023
ANUPRIYA BIRTHARE
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Amit Kumar Chaturvedi - Advocate for petitioner.
Shri Pradeep Singh - Government Advocate for State.

Signature Not Verified
Signed by: ANURAG SONI
Signing time: 07-03-2025
17:02:30
9 WP-15464-2023
WRIT PETITION No. 24521 of 2023
SHRISTY NATH CHAUDHARY AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Amit Kumar Chaturvedi - Advocate for petitioners.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 28913 of 2023
BHARTI YADAV
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
None appears for petitioner.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 28967 of 2023
GARIMA PUROHIT
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Amit Kumar Chaturvedi - Advocate for petitioner.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 29136 of 2023
DINESH KUMAR AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Amit Kumar Chaturvedi - Advocate for petitioners.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 29317 of 2023
BHARTI PATEL

Signature Not Verified
Signed by: ANURAG SONI
Signing time: 07-03-2025
17:02:30
10 WP-15464-2023
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
None appears for petitioner.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 29934 of 2023
VIVEK SAHU AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:

Shri Yashpal Patel - Advocate for petitioners.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 30984 of 2023
RICHA RAJPUT AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Amit Kumar Chaturvedi - Advocate for petitioners.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 31166 of 2023
JUGRAJ RAWAT AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Amit Kumar Chaturvedi - Advocate for petitioners.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 31664 of 2023
SAKSHI TAMRAKAR AND OTHERS
Versus

Signature Not Verified
Signed by: ANURAG SONI
Signing time: 07-03-2025
17:02:30
11 WP-15464-2023
THE STATE OF MP AND OTHERS
Appearance:
Shri Amit Kumar Chaturvedi - Advocate for petitioners.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 478 of 2024
SAKSHI TAMRAKAR
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Prashant K. Badarya - Advocate for petitioner.
Shri Pradeep Singh - Government Advocate for State.

WRIT PETITION No. 1061 of 2024
MEENU PRAJAPATI AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:

Shri Yashpal Patel - Advocate for petitioners.
Shri Pradeep Singh - Government Advocate for State.

ORDER

Petitioners have filed these petitions under Article 226 of Constitution of India challenging order dated 02/11/2022 (Annexure P-1) and order dated 21/12/2022 (Annexure P-2) passed by respondent Nos. 4 & 2.

2. Professional Examination Board issued an advertisement for conducting Teachers Eligibility Test, 2018 for the post of High School Teacher. Test was conducted for appointment in Director of Public Instruction (DPI) / School Education Department (SED) and Tribal Welfare Department (TWD). Total posts were 17000 in number and in the first leg of

12 WP-15464-2023 examination 15000 posts were to be filled. Whoever qualifies in the examination and gets minimum qualifying cutoff marks, he / she shall be granted a certificate of eligibility. Merit list of qualifying candidates is prepared. Reservation and roster system is to be followed. District Education Officer was to prepare vacant position. Candidate in the select list on merit can apply online for said vacant posts. Appointing Officer on basis of merit position of candidates will give them joining and posting in Educational Institution on basis of option given by them. Petitioners were appointed under Tribal Welfare Department on different dates.

3. Learned counsel appearing for petitioners submitted that less meritorious candidates were permitted to fill up choice in School Education Department, however, petitioners who were more meritorious were deprived in arbitrary and illegal manner to give choice filling. Respondent No.4 had issued letter dated 02/11/2022 restraining choice filling counseling to all such candidates who were appointed or joined in Tribal Welfare Department. Impugned action of respondents is contrary to selection procedure. It is submitted that instructions were issued on 07/04/2022 by DPI that candidates who are not appointed or joined in School Education Department are entitled

for online counseling. Counseling has to be done in accordance with merit. Due to impugned circular, petitioners were not permitted to opt for counseling. Petitioners who were more meritorious, were not permitted to appear in counseling but less meritorious candidates are permitted to join in School Education Department. Rule of choice according to merit is being violated by respondents. Learned counsel relied upon orders passes by

13 WP-15464-2023 Division Bench of this High Court.

4. Division Bench of this Court vide order dated 12/11/2024 allowed Writ Appeal No.1333/2023. Operative part of order is quoted as under :-

"14. In the instant case, this is exactly what seems to have been done by the department. Petitioners, who applied in the reserve category and secured marks more than the cut off marks of the unreserved category, have been put to a great disadvantage. Petitioners are per their merit were entitled to be placed in the School Education Department, whereas petitioners have been allotted a school in the Tribal Welfare Department. The candidate much lower in merit who has secured a seat in the reserved category has been allotted the school opted by the petitioners. The Supreme Court in Praveen Kumar Kurmi (supra) has categorically held that a person, though from the reserve category, who is not required to be adjusted against the general seat but at the same time that should not work out to disadvantage of such a candidate and he should not be placed in a more disadvantageous position, then the other less meritorious reserve category candidate.

15. Petitioners in the instant case being more meritorious are being put to a more disadvantageous position which cannot be countenanced.

16. Further, learned counsel for the petitioners submit that petitioners are not insisting for their first choice of school but are willing to be accommodated in any school of the School Education Department in their respective choice.

17. In view of the above, the petition is allowed and respondents are directed to allot the choice as per the choice filling in order of merit. In case, there is no vacancy in any school as per their first choice of District, then petitioners shall be allocated a seat in the school of School Education Department as per their other chosen districts."

5. Division Bench at Indore High Court relying on aforesaid order dated 12/11/2024 disposed of Writ Appeal No.562/2023 vide order dated 19/02/2025.

14 WP-15464-2023

6. Learned counsel appearing for petitioners submitted that these petitions may also be disposed off in terms of order passed by Division Bench in Writ Appeal No.1333/2023.

7. Government Advocate appearing for State submitted that petitioners are appointed as High School Teacher (Uccha Madhyamik Shikshak) in Tribal Welfare Department. They are aggrieved by orders passed by respondents in not permitting them to participate in process of appointment of Teachers in Education Department. Government Advocate placed reliance on order dated 23/01/2023 passed by Indore Bench in W.P.No.30242/2022 and W.P.No.30263/2022. It was held by Coordinate Bench that candidate cannot be permitted to participate in appointment in School Education Department after securing appointment in Tribal Welfare Department. Relevant paragraph of said order is quoted as under :

"5. The selection process in the Tribal Department has already been completed, and the petitioner has already secured her appointment. If the selected candidates are permitted to participate in the counseling conducted by the School Education Department, then the post on which the petitioner has been selected in Tribal Department would go vacant. The advertisement for conducting an eligibility test for the post of teachers in both the departments was common and on the basis of the result of the eligibility test both the departments i.e. Tribal and Education Departments have been given the authority to appoint suitable candidates. Therefore, the candidates cannot be permitted to participate in an appointment in the School Education Department after securing an appointment in the Tribal Department. Therefore, the impugned condition in the impugned order dated 21/12/2022 cannot be said to be arbitrary and unreasonable."

15 WP-15464-2023

8. Prayer is made for dismissal of Writ Petitions.

9. Heard learned counsel for the parties.

10. Division Bench of this Court has passed orders in cases where candidates who had applied in reserved category and had secured more marks then unreserved category, were treated as unreserved candidates and were allotted the School in Tribal Welfare Department. Reliance was placed on judgment of Apex Court in case of Praveen Kumar Kurmi Vs. State of M.P. & Others decided on 24/02/2022 in Civil Appeal No.7663/2021, wherein it was held that candidate from reserved category who did not avail the benefit of reservation on account of his merit, was adjusted against general seat, but merit of said candidate should not work out to his disadvantage and he cannot be put into more disadvantageous position than other less meritorious reserved category candidate.

11. Impugned order which has been passed by respondents contained in Annexure P-1 dated 02/11/2022 lays down that candidates who had secured appointment in School Education Department or in Tribal Welfare Department were not permitted to get themselves registered for counseling for vacant posts. Order appears to be reasonable. After issuing appointment letter to petitioners, their recruitment process has come to an end. They are not free to apply again for counseling for vacant position in School Education Department or Tribal Welfare Department.

12. Coordinate Bench of this Court has upheld the order dated 02/11/2022. Since recruitment process of petitioners is over and they have been given appointment, now they cannot be again permitted to participate in

16 WP-15464-2023 ongoing counseling for leftover vacant positions of Higher Secondary School Teacher (Ucchatar Madhyamik Shikshak) or High School Teacher (Uccha Madhyamik Shikshak). If permission is granted to them to appear in counseling, then same will unsettle appointment of petitioners and other alike and whole process is to be done again which will create unnecessary confusion on the field. Once selection procedure is over and candidates who have been successfully appointed, there is no reason to again allow them to appear in counseling. Once process is complete it should not be opened again in respect of selected candidates. This will double up the work of appointing authority and further posts in Tribal Welfare Department of Teachers may remain vacant. No rule has been violated if petitioners are not given an opportunity to again fill up the option form of choice filling as there counseling and recruitment process is already over once and there cannot be any discrimination viz a viz candidates who are yet to be given appointment and their recruitment process is not over.

13. Resultantly, Writ Petitions are dismissed.

14. A copy of this order be retained in all connected matters.

(VISHAL DHAGAT) JUDGE