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Madhya Pradesh High Court · body

2012 DIGILAW 857 (MP)

Manju Aadiwasi v. State of M. P.

2012-09-04

RAJENDRA MENON

body2012
ORDER 1. Challenging the action of the respondents in rejecting the candidature of petitioners to the post of Multipurpose Health Worker on the ground that petitioners have appeared in the High School and Higher Secondary Examination from M.P. State Open School Bhopal, petitioners have filed this writ petition. 2. It seems from the record that under similar circumstances an application submitted by one Ms. Anju Tiwari was also rejected, she preferred a writ petition before this Court being Writ Petition No.12603/2010 (Anju Tiwari v. State of M.P. and others) and on notice being issued respondent No.2 therein namely the Board of Secondary Education Bhopal had filed the reply and in the reply filed by the said respondent following averments were made by the Board of Secondary Education Bhopal : “2. It is respectfully submitted that the petitioner has not sought any relief against the answering respondents. However, in this regard notification was issued vide notification No.366/Mulyank/1/96/Bhopal dated 4.10.1996 Annexure P-5 to the effect that as per the decision of the Mandal Pathyacharya Samiti (Celebus Committee of the Board) dated 31.8.1996, High School and Higher Secondary Examinations conducted by the Director, Madhya Pradesh State Open School with effect from 1997 is approved to be treated as equivalent to the High School and Higher Secondary Examination conducted by the Board of Secondary Education Madhya Pradesh Bhopal. 3. In view of the aforesaid, there was no reason to deny the selection of the petitioner and include her name in the merit list by the District Level Selection Committee, Tikamgarh on the ground that the examination of High School Certificate Examination 2009 held in the month of May 2009 cannot be treated as equivalent to the High School Certificate Examination conducted by the Board of Secondary Education Madhya Pradesh Bhopal, because the certificate obtained from Madhya Pradesh State Open School, Bhopal is not recognized by the Secretary, Board of Education Madhya Pradesh Bhopal.” 3. The Board also brought to the notice of this Court an order passed by the State Government on 4.10.1996 under signature of the Secretary to the Board of Education M.P. Bhopal, whereby the certificate issued by the M.P. State Open School were shown to be recognized for the purpose of appointment to the post in question, keeping in view the aforesaid facts and circumstances the writ petition was disposed of and following directions were issued : “5. Having heard learned counsel for the parties and on perusal of the record it is clear that the Board of Secondary Education, respondent No.2, which is establishment by a statutory provision has already resolved and issued necessary order treating the certificate issued by the M.P. Open School Board to be equivalent to the certificate issued by the Board of Secondary Education. 6. The M.P. State Open School Board is created with the approval of the State Government and,considering the decision taken by the Board of Secondary Education a creation of statute and the contentions advanced by them, stand of the respondents/State Government cannot be accepted. That apart when persons similarly situated and with the same qualification in other districts like Vidisha are being recognized for appointment to the post of question, there is no reason for rejecting candidature of petitioner alone on the same ground. 7. Accordingly, the petition is allowed. Respondents are directed to take steps for appointment of the petitioner in accordance to her merit in selection list and proceed to process her claim in accordance with law and grant appointment to petitioner, if eligible, in accordance with law. If found eligible, petitioner be sent for training forthwith. 8. The petition stands allowed and disposed of.” 4. Keeping in view the aforesaid there is no reason for taking a different view in the present case, as in the case of petitioners also their candidature have been rejected on the ground that they have obtained the High School and Higher Secondary Examination Certificate from M.P. State Open School Bhopal. Accordingly, in the light of the findings recorded hereinabove this petition is allowed. Respondents are directed to take steps for appointment of the petitioners in accordance to their selection in the merit list and proceed their claim in accordance to law and grant them appointment, if eligible, in accordance to their merit in merit list. 5. With the aforesaid the petition stands allowed and disposed of.