Madhya Pradesh High Court
Rajendra Prasad Kusum vs The State Of Madhya Pradesh on 10 March, 2025
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
NEUTRAL CITATION NO. 2025:MPHC-IND:6419
1 WP-647-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 10 th OF MARCH, 2025
WRIT PETITION No. 647 of 2025
RAJENDRA PRASAD KUSUM AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Devraj Vishwakarma, counsel for the petitioners.
Shri Anand Bhatt, G.A. for respondent/State.
ORDER
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).
Counsel for the State has no objection to such an innocuous prayer.
Since the said petition was disposed of by an innocuous order without
adjudicating the claim of the petitioner, therefore the present petition is also
disposed of in terms of the order dated 13.12.2024 passed in W.P.No. 38042/24.
The petitioners have filed the present petition seeking following reliefs:-
"(i) To issue a writ in the nature of mandamus to respondents and
direct to the respondents authority to 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 directed to the
respondents to issue the appointment order after considering the case of
the petitioners in view of the amended criteria, for appointment on the
NEUTRAL CITATION NO. 2025:MPHC-IND:6419
2 WP-647-2025
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 to the petitioners and the petition be disposed off on the
similar terms and with similar directions.
(iv) To grant any. other relief, which this Court may deem fit
and proper in the facts and circumstances of the case including cost of
the litigation in favor of the petitioners"
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 Shal 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
NEUTRAL CITATION NO. 2025:MPHC-IND:6419
3 WP-647-2025
and others (Supra).
Considering the aforesaid submission and grievance, the present petition is
disposed off with a direction to the 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 months from the date of filing of a copy of
the order passed today which shall be communicated to the petitioners.
(VIJAY KUMAR SHUKLA)
JUDGE
MK
