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Madhya Pradesh High Court
Rewa Prasad Dubey vs The State Of Madhya Pradesh on 1 April, 2026
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
NEUTRAL CITATION NO. 2026:MPHC-JBP:25629
1 WP-10294-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
ON THE 1 st OF APRIL, 2026
WRIT PETITION No. 10294 of 2026
REWA PRASAD DUBEY AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Abhishek Upadhayay - Advocate for the petitioners.
Shri Prabhanshu Shukla - G.A. for the State.
ORDER
This petition has been filed by the petitioners seeking following reliefs:-
"(i) Issue a writ in nature of Mandamus directing
the respondents to give the appointment to the
petitioners on the post of Samvida Shala
Shikshak Grade-III in light of judgment passed
by Hon'ble Supreme Court in case of Smita
Shrivastava.
( i i ) Issue a writ in the nature of Mandamus
directing the respondents to reconsider the claim
of petitioner for appointment on the post of
Samvida Shale Shikshak Grade-III, in the interest
of justice.
(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 favour of the petitioner."
2 . The counsel for the petitioners contends that the issue involved in this
petition has already been dealt with by a Co-ordinate Bench vide order dated
NEUTRAL CITATION NO. 2026:MPHC-JBP:25629
2 WP-10294-2026
21.10.2024 passed in W.P. No. 31117 of 2024 (Ramnath Yadav vs. The State of
M.P. and others), therefore, the present petition be disposed of in identical terms.
3 . The counsel for the State submits that the grievance of the petitioners
shall be considered in terms of the order passed by the Co-ordinate Bench in case
of Ramnath Yadav (supra) .
4. The Co-ordinate Bench in the case of Ramnath Yadav (supra) has passed
the following order:-
"The case of the petitioners is that they were
working as instructors/Gurujis in non-formal
education centers and education guarantee centers
in the State Government and as per the scheme
floated by the State Government they appeared in
the recruitment test for the post of Samvida Shala
Shikshak Grade-III and qualified the said test.
However, the petitioners were not given offer of
appointment despite the matter being decided by
this Court time and again.
2. The learned counsel for the petitioners submits
that the aforesaid issue has been settled by the
Supreme Court in SLP No. 23966-23968/2022
(Smita Shrivastava Vs. State of M.P. ) dated
03.05.2024 and the case of the petitioners is
similarly situated. It is contended that the
petitioners are also entitled to a similar treatment.
3. Per contra, learned Govt. Advocate submits
that the authority is required to examine whether
the case of the petitioners is at par with the case
of Smita Shrivastava (supra) and also that the
petitioners have not been litigating since long and
they are fence sitters.
4. Considering the rival submissions of the
parties, it is directed that the case of the
NEUTRAL CITATION NO. 2026:MPHC-JBP:25629
3 WP-10294-2026
petitioners shall be examined whether they are at
par with the case of Smita Shrivastava (supra).
5. In the event, the case of the petitioners is found
to be at par with the case of Smita Shrivastava
(supra) then the case of the petitioners shall be
dealt with as per Para-6 and 7 of the order passed
in WP No. 29871/2022 and the said order will
apply mutatis mutandis in the case of present
petitioners also. As the petitioners are not shown
to have agitated the matter at any point of time till
today, therefore, it is directed that the petitioners
will get benefits only from the date of filing of
present petition and not from any date prior to
filing of this petition.
6. With the aforesaid observations, the petition is
disposed off."
4. Accordingly, the present petition is also disposed of in terms of the
aforesaid order passed in Ramnath Yadav (supra) . The directions issued therein
shall apply mutatis mutandis to the present case as well.
5. Let the aforesaid direction be complied with by the respondents within a
period of 60 days from the date of production of certified copy of this order.
(MANINDER S. BHATTI)
JUDGE
PB
