Madhya Pradesh High Court
Bhon Singh vs The State Of Madhya Pradesh on 19 June, 2025
Author: Pranay Verma
Bench: Pranay Verma
NEUTRAL CITATION NO. 2025:MPHC-IND:14506
1 WP-18579-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 19th OF JUNE, 2025
WRIT PETITION No. 18579 of 2025
BHON SINGH AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Devraj Vishwakarma - Advocate for the petitioners (through
V.C.).
Shri Raghav Shrivastava appearing on behalf of Advocate General.
ORDER
Learned counsel for the petitioners prays for disposal of the present
petition in terms of order of this Court dated 13.12.2024 passed in W.P.
No.38042/2024 (Ramlal Gurjar and Others Vs. State of Madhya Pradesh and
Others).
02. Learned counsel for the respondents/State has no objection to such
an innocuous prayer.
03. Since the said petition was disposed off by an innocuous order
without adjudicating the claim of the petitioners, therefore the present
petition is also disposed off in terms of the order dated 13.12.2024 passed in
W.P. No.38042/2024. The said order is as under:
"The petitioners have filed the present petition seeking following reliefs:-
"(i) To issue a writ in the nature of mandamus directed to the
respondent's authority for decide the claim of the petitioners in the light
of the judgment Smita Shrivastava (supra) passed by the Hon'ble Apex
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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
case 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) 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."
By way of instant petition the petitioners are claiming the benefit of the
judgment passed by the Hon'ble Apex Court. The controversy involved in this
case is that the petitioners appeared in the recruitment test 2008 conducted for
Guruji and instructors working in non-formal education guarantee center for
absorption to the post of Samvida Shala Shikshak Grade III and they have
qualified the test but respondents are denying the appointment of the
petitioners on the ground of an amendment in the recruitment rules carried out
vide Gazette notification dated 21.03.2018 and made effective prospective
from 01.01.2008.
That in compliance of order passed by this Court in Writ Petition
No.5687/2018, 5827/2018, 9707/2018 and many more petitions, the petitioners
filed detailed representations for appointment on the post of Samvida Shala
Shkshak Grade III but the same was not considered by respondent authorities.
That, the order so issued and the action initiated was improper as the issue
involved in the case is squarely covered by the decision rendered by the
Hon'ble Apex Court in the case of Smita Shrivastava Versus The State of
Madhya Pradesh and others."
04. Considering the aforesaid submission and grievance, the present
petition is disposed off with a direction to respondent No.2 to consider and
decide the representation of the petitioners within the period of two months
from the date of filing of a copy of the order passed today and if it is found
that the case of the petitioners are covered by the earlier judgment of the
Apex Court, then the petitioners shall be given benefit in accordance with
law and if the authority is of the view that the petitioners are not entitled for
the same and their case is not similar to the case of Smita Shrivastava
(supra), he shall pass a reasoned and speaking order within the period of two
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months from the date of filing of a copy of the order passed today which
shall be communicated to the petitioners.
(PRANAY VERMA)
JUDGE
Shilpa
