Madhya Pradesh High Court
Lallu Prasad Vaishya vs The State Of Madhya Pradesh on 3 July, 2025
1 WP-4415-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK JAIN
ON THE 3 rd OF JULY, 2025
WRIT PETITION No. 4415 of 2025
LALLU PRASAD VAISHYA AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Eshwar Das Vaishy - Advocate for the petitioner.
Shri Deepak Sahu - Panel Lawyer for the respondents/State.
ORDER
This writ petition has been preferred by the petitioners seeking the
following reliefs :-
" (i) By issuance of a writ in the nature of mandamus directing
the respondents to give the appointment to the petitioners on the post of
Samvida Shala Shikshak grade III in the light of judgment passed by Hon'ble
Supreme Court in the case of Smita Shrivastava, in the interest of justice.
(ii) By issuance of a writ in the nature of mandamus
directing respondents to reconsider the claim of petitioner for appointment
on the post of Samvida Shala Shikshak Grade- III in the light of Annexure
P/7, in the interest of Justice.
(iii) By issuance of a writ in the nature of mandamus
directing respondents to decide the pending representations of
the petitioners. in the interest of Justice.
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(iv) In light of the order dated 09.01.2025,passed by this Hon'ble
court in identical similar petition in the case of similar situated persons like
petitioners in WP.No.39211/2024,this petition also be disposed of.
(v) Any other relief which this Hon'ble Court deems just and proper in
the facts and circumstances of the case may also kindly be granted to the
petitioner."
2. Learned counsel for the petitioners submits that the petitioners'
case is squarely covered by decision given by the Hon'ble Supreme Court in
the case of Smita Shrivastava vs. The State of Madhya Pradesh and Ors. in
Civil Appeal No(S). 23966-23968 of 2022, decided on 03.05.2024 and they
may be permitted to file representation(s) in respect of their grievance
with further direction to respondents 4 to 6 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 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 submit their representation(s) to respondents 4 to 6
within a period of 15 days and in turn, respondents 4 to 6 are 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 this order passed by this Court today by passing a reasoned
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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 benefits in accordance with law.
6. It is also directed that the respondents 4 to 6 shall intimate
the decision on representation(s) to the petitioners.
7. It is made clear that the respondents would be at liberty to verify
whether the petitioners have qualified the requisite test which was conducted
for Gurujis in the years 2008 and 2009.
8. With the aforesaid, this writ petition is disposed of.
(VIVEK JAIN)
JUDGE
Rao
