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Madhya Pradesh High Court · body

2019 DIGILAW 763 (MP)

Anjum Arshi v. School Education Department

2019-11-05

ROHIT ARYA

body2019
ORDER 1. This writ petition under Article 226 of the Constitution of India is directed against the order dated 3.2.2018 (Annexure P-15) passed by respondent No. 2. The prayer made by the petitioner for regularization on the post of Samvida Shala Shkishak Grade-II has been declined. 2. Facts of the case in nutshell are to the effect that the petitioner claimed to have ten years teaching experience in the subject of Urdu. By bringing on record the experience certificate, Annexure P-18 and other documents on record, the petitioner asserted claim that she is entitled for regularization on the post of Samvida Shala Shkishak, Grade-II. 3. Learned counsel for the petitioner tried to assail the order impugned but,could not be able to bring on the record appointment order and point out the rules governing service conditions of the petitioner as Samvida Shala Shkishak Grade-II for regularization except placing reliance on the the circular of the State Government dated 16.5.2007 (Annexure P-20) related to regularization of services of Class IV employees. 4. Per contra, learned counsel for the respondents/State based on the counter-affidavit filed submits that it is the second round of litigation. Earlier, petitioner has approached this Court seeking same relief in W.P. No. 5808/2016 and the same was disposed of on 7.11.2017 with a direction to the respondents to consider the representation of the petitioner in that behalf. Thereafter, the representation was considered and by a detailed order rejected the claim of the petitioner on merits as the petitioner is not entitled for the relief sought for. Moreover, the circular of the State Government dated 16.5.2007 is not applicable to the petitioner. Hence, no indulgence is warranted. Accordingly, prayed for dismissal of the writ petition. 5. Heard. 6. Admittedly, the claim of the petitioner was considered on merits by the respondents. 7. From a perusal of order impugned dated 3.2.2018, it appears that an advertisement was issued by the respondents for filling up 16 posts of Samvida Shala Shkishak Grade-II in the year 2013 and one post was reserved for OBC category in the district Satna. Likewise, there were total 10 unreserved post out of which 04 in district Bhopal, 01 district Burhanpur, 04 for Bhopal. The concerned authority found that there is only post reserved for backward class community to which the petitioner belongs to. Likewise, there were total 10 unreserved post out of which 04 in district Bhopal, 01 district Burhanpur, 04 for Bhopal. The concerned authority found that there is only post reserved for backward class community to which the petitioner belongs to. She has obtained 75 marks whereas she is required to obtain to minimum 90 marks out of 150 marks to be qualified and considered for appointment in question. The meritorious candidate in the category of backward class was appointed who had obtained 94.44 marks. Under the circumstances, the petitioner is not entitled for appointment/regularization on merits for the post in question. 8. In the obtaining facts and circumstances, no case is made out for interference. 9. Writ petition sans merit and is hereby dismissed. ..............