Madhya Pradesh High Court
Basant Kumar Choubey vs The State Of Madhya Pradesh on 21 January, 2025
Author: Dwarka Dhish Bansal
Bench: Dwarka Dhish Bansal
NEUTRAL CITATION NO. 2025:MPHC-JBP:2890
1 WP-1039-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 21st OF JANUARY, 2025
WRIT PETITION No. 1039 of 2025
BASANT KUMAR CHOUBEY AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Rahul Kumar Tripathi, Advocate for petitioners.
Ms. Supriya Singh, Dy. Govt. Advocate for respondents/State.
ORDER
This writ petition has been preferred by the petitioners seeking the
following reliefs :-
"(I) It is therefore prayed that this Hon'ble Court may kindly be
pleased to issue a writ in the nature of mandamus by directing the
respondents to decide and consider the case of petitioners which is fully
covered by the judgment passed by this Hon'ble Court in WA No.
1821/2018.
(II) It is therefore prayed that this Hon'ble Court may kindly be
pleased to issue a writ in the nature of mandamus directing the
respondents to consider and decide fresh representation of petitioners in
light of judgment delivered in the case of Manmohan Mathur and Smita
Shrivastava Vs. State of M. P. & others.
(III) It is therefore prayed that this Hon'ble Court may kindly be
pleased to issue a writ in the nature of mandamus direct the respondents
NEUTRAL CITATION NO. 2025:MPHC-JBP:2890
2 WP-1039-2025
to issue the appointment order after considering the case of petitioners
in view of unamended criteria for appointment on the post of Contract
Teacher Grade-lll, if found otherwise eligible for appointment with all
the consequential benefits.
(IV) Any other relief/order/direction/prod which this Hon'ble
Court may deem fit and proper in the facts and circumstances of the
case, may also kindly be granted to the petitioner along with cost of
entire litigation."
2. Learned counsel for the petitioners submits that the petitioners'
case is squarely covered by decisions given by a Coordinate Bench of
this Court in the case of Harishankar Sharma and others Vs. The State
of Madhya Pradesh and others in W.P. No.23569/2022, decided on
05.09.2024 (at Jabalpur) and Mahendra Sahu and others Vs. The State
of Madhya Pradesh and others in W.P. No. 27571/2024 decided on
25.09.2024 (at Jabalpur). He further submits that petitioners may be
permitted to submit fresh representation(s) in respect of their grievance
with further direction to respondent 2 to decide the same in the light of
decisions in the case of Harishankar Sharma and others (supra) and
Mahendra Sahu and others (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 learned counsel for the petitioners is hereby accepted with
NEUTRAL CITATION NO. 2025:MPHC-JBP:2890
3 WP-1039-2025
a direction to the petitioners to submit fresh representation(s) to the
respondent 2-Commissioner Rajya Shiksha Kendra, Pusak Bhawan, B-Wing,
Area Hills Bhopal within a period of 15 days and in turn, respondent 2 is
directed to decide the representation(s) of the petitioners within a further
period of 90 days from the date of receipt of representation 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 decisions in
the case of Harishankar Sharma and others (supra) and Mahendra Sahu and
others (supra), the petitioners shall be given the requisite benefits in
accordance with law.
6. It is also directed that the respondent 2 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
KPS
