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Madhya Pradesh High Court
Sandhya Kumari Bhil vs The State Of Madhya Pradesh on 5 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-IND:3803
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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE JAI KUMAR PILLAI
ON THE 5 th OF FEBRUARY, 2026
WRIT PETITION No. 4480 of 2026
SANDHYA KUMARI BHIL
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Mr. Arvind Kumar Sharma, counsel for the petitioner.
Ms. Drishti Rawal, counsel for the respondents/State.
ORDER
Heard finally with the consent of both the parties.
This instant petition has been filed by the petitioner under Article 226 of the
Constitution of India, seeking the following reliefs:-
(a) To direct the respondent authorities by issuance of a writ of mandamus, or
any other appropriate writ, order or direction to permit the petitioner to join on the post
of Ucch Madhyamik Shikshak (Hindi) pursuant to appointment order dated 07.11.2022,
issued under the Scheduled Tribe Category.
(b) To direct the respondents to grant the petitioner all consequential service
benefits including seniority and continuity of service from the date she was otherwise
entitled to join with backwages.
(c) To direct the respondents to treat the petitioner's caste certificate issued by
the competent authority of District Jhalawar, Rajasthan, along with the caste certificate
and local resident certificate of her husband as valid for the purpose of joining and
continuation in service.
(d) To direct the respondent's department to consider the case of the petitioner
and to decide the pending representation submitted by him.
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(e) To direct the respondent's department to consider the case of the petitioner
and to allow this petition with cost.
(f) That, any other relief which this Hon'ble Court may deem fit may kindly be
awarded in the interest of justice.
It is the case of the petitioner that the petitioner was given the appointment order
on the post of Ucch Madhyamik Shikshak (Hindi) vide order dated 07.11.2022, but
however the same was withheld by the respondents on the ground that the petitioner
was not holding the caste certificate issued by the State of Madhya Pradesh. The
petitioner contends that this rejection order has been raised before the wrong Forum
i.e. the Principal Seat at Jabalpur, who did not have the jurisdiction and the case was
dismissed on the ground of maintainability and therefore there is nothing on record to
demonstrate the same by the petitioner to ventilate his grievance. The petitioner has
relied upon the decision of this Hon'ble Court in Writ Petition No.10277 of 2021
decided on 12.01.2026, wherein it was held that the woman belonging to a reserved
category (SC/ST/OBC), who originally belonged to another State but acquired
domicile of Madhya Pradesh after marriage cannot be denied reservation benefits
solely because her caste certificate was not issued by Madhya Pradesh authorities.
This court on perusal of the record finds that the entitlement on the said
appointment appears to be hopelessly barred by delay and latches and since the
petitioner has made indulgence to direct him to file the representation before the
respondents/competent authority. Therefore, this Court deems fit to direct the petitioner
to file the fresh representation before the respondent No.2, who shall consider the case
of the petitioner and if there is any vacant post of Ucch Madhyamik Shikshak (Hindi)
pursuant to the appointment order which has already been recommended by the
Commissioner (Tribal Welfare) on 16.11.2022, seeking clarification from the Assistant
Commissioner (Tribal Welfare) the competent authority who shall extend the benefit to
the petitioner on the said post if there is no legal impediment. Let the said exercise be
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done by the respondents/competent authority within a period of 60 days from the date
of receipt of certified copy of this order.
With the said observation, this petition stands disposed of.
Certified copy as per Rules.
(JAI KUMAR PILLAI)
JUDGE
Arun/-
