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Madhya Pradesh High Court · body

2005 DIGILAW 997 (MP)

SHYAM SHARMA v. STATE OF MADHYA PRADESH

2005-09-20

A.K.GOHIL

body2005
Judgment ( 1. ) HEARD. ( 2. ) THE case of the petitioner is that some posts were advertised for udyog Shikshak by the M. P. Junior Public Service Commission as per the advertisement of the Commission dated 29-3-89. The petitioner was selected for the post of Udyog Shikshak (Craft Teacher) for stitching and tailoring for jabalpur Division and her name was appearing in the selection list at Serial No. 12 for Jabalpur Division, but the letter of appointment was not issued to her. Therefore, petitioner has filed this petition. ( 3. ) IN reply, the contention of the State is that the minimum qualification prescribed for the post of Udyog Shikshak is Higher Secondary, Diploma in Craft (Udyog) from the recognized University/institution. It was the further contention that the post of Udyog Shikshak come within the purview of M. P. Non- Collegiate Recruitment and Promotion Rules, 1973 and the applicant who applied for the post of Udyog Shikshak do not possess the requisite qualification and the Certificates filed by her are of no consequence and therefore, the petitioner was not entitled for appointment. ( 4. ) REJOINDER was also filed. As per the contention of the petitioner, she was not only Higher Secondary but has passed the examination of Bachelor of Arts (B. A.) in the year 1997 from the University of Jabalpur and also passed the examination of Master of Arts in the year 1979 from the University of jabalpur. She has also obtained Degree of B. Ed, and had also passed the diploma Examination conducted by the M. P. Board of Technical Education, bhopal, for making embroidery, sewing etc. in the year 1985. She had also filed mark-sheet and Diploma Certificate as Annexure P- 5. Marksheet is Annexure p-5 and Certificate is Annexure P-9. ( 5. ) THEREFORE, it is clear that the petitioner was having requisite qualification as prescribed in Annexure R-2 which is the advertisement. During the course of argument it was submitted by the respondents that the petitioner should have obtained Diploma in Crafts from Director of Public Instructions, Government of M. P. , which is a one year Course for Industries Instructors. This contention of the learned Counsel for the respondents is without any merit because in the advertisement it was nowhere prescribed that she should have a Diploma of a particular institution. This contention of the learned Counsel for the respondents is without any merit because in the advertisement it was nowhere prescribed that she should have a Diploma of a particular institution. From Annexures P-5 and P-9 it appears that a two years Degree Course being run by the M. P. Technical Education Board which is also a Government Institution and M. P. Technical Education Board is also conducting alike course and when the petitioner has already passed the two years course specially in dress making and embroidery work, that ought to have been accepted as a qualification prescribed for diploma in particular craft or industry. Therefore, it appears that the petitioner was rightly selected by the Junior Public Service Commission. She was entitled for appointment as she was having requisite qualification, but respondents wrongly rejected the diploma certificate of the petitioner on the ground that, that was not of particular institution but I find that no such specific particulars were mentioned in the advertisement about obtaining diploma certificate from a particular institution. Therefore, the contention of the respondents can not be considered. ( 6. ) AFTER hearing the learned Counsel for the parties and after perusing the documents, I am satisfied that the stand of the Government and its officers was not proper. Petitioner was fully qualified and the respondents have committed illegality in not issuing the appointment letter in her favour. Thus, this petition is allowed. Respondents are directed to appoint the petitioner on the post of Craft Teacher in any Government institution. ( 7. ) WITH the aforesaid direction, this petition is disposed of. Writ Petition allowed.