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2023 DIGILAW 244 (MP)

Jitendra Kumar Dahrwal v. State of Madhya Pradesh

2023-02-08

VIVEK AGARWAL

body2023
ORDER 1. Petitioner's contention is that petitioner is a candidate for recruitment to the post of Uccha Madhyamik Shikshak. As per the Gazette notification of 2018, qualification prescribed under Schedule-III is Post Graduation degree in concerned subject with second division with B.Ed or equivalent degree. 2. Petitioner's further contention is that petitioner possesses Post Graduate degree in Forestry. As per the amended order of the School Education Department dated 29.09.2022, the rules for the eligibility test are mentioned as under:- 3. It is submitted that main subject is recognized in terms of allied subjects as are mentioned in Appendix 1. Thus, it is pointed out that in Appendix 1, Forestry is one of the allied subjects for Agriculture and, therefore, petitioner is eligible but, his candidature has been arbitrarily rejected. 4. Shri Sourabh Soni, learned Panel Lawyer, in his turn, submits that for allied subjects, it is provided in Column No.4 itself that in case of Post Graduate degree in allied subject, candidate is required to have main subject as a subject in Graduation. 5. It is pointed out that since petitioner is not a Graduate in Agriculture, therefore, in terms of the stipulations in Column No.4, petition is liable to be dismissed. 6. After hearing learned counsel for the parties and going through the record, petitioner's Statement of Marks for B.Sc (Final) Three Year Degree Course issued by Dr. Harisingh Gour Vishwavidyalaya, Sagar, is available on record. It is evident that petitioner obtained his Graduation degree in Physics, Chemistry and Mathematics. This fact is not disputed by Shri Devesh Bhojne. Thus, in terms of the stipulation in the list of allied subjects, since petitioner is not having Agriculture as a subject during his Graduation, he is not entitled to keep his candidature intact. 7. Petitioner's second limb of argument is that the concerned recruitment rules, namely, Madhya Pradesh Rajya School Shikha Sewa (Shekshanik Samvarg), Sewa Sharte Avam Bharti Niyam, 2018 (hereinafter referred to as ''The Rules of 2018'') were promulgated on 01.07.2018. Eligibility test was conducted in the year 2019, whereas through an executive order dated 29.09.2022, terms and conditions have been changed and, therefore, in the light of the judgment of the Supreme Court in The State of Uttar Pradesh Vs. Karunesh Kumar and others, 2022 LiveLaw (SC) 1035, rules of game could not have been changed. 8. Eligibility test was conducted in the year 2019, whereas through an executive order dated 29.09.2022, terms and conditions have been changed and, therefore, in the light of the judgment of the Supreme Court in The State of Uttar Pradesh Vs. Karunesh Kumar and others, 2022 LiveLaw (SC) 1035, rules of game could not have been changed. 8. Placing reliance on the judgment of the Supreme Court in The State of Uttar Pradesh Vs. Karunesh Kumar and others (supra), it is submitted that in para 32, it is held that the ''The principle governing changing the rules of game would not have any application when the change is with respect to selection process but not the qualification or eligibility. In other words, after the advertisement is made followed by an application by a candidate with further progress, a rule cannot be brought in, disqualifying him to participate in the selection process.'' 9. Thus, it is submitted that subsequent order dated 29.09.2022, will not have precedence over the original recruitment rules. 10. On the request of the petitioner, original recruitment rules and Scheduled-III as mentioned above, are also perused. 11. There is a specific mention of having Post Graduate degree in the related subject as is evident from Schedule-III of the Rules of 2018. There is no mention of having Post Graduate degree in allied subject in the recruitment rules. Therefore, on face of it, if recruitment rules are to be read as it is then petitioner not possessing Post Graduate degree in Agriculture is non suited for selection on a plain reading of the recruitment rules. What authorities have added after the game began, is that they permitted persons having Post Graduate degree in allied subjects for which a detailed list is given for different subjects, like for Agriculture there is a long list of 25 allied subjects but while relaxing the condition in the Rules of 2018, it is provided that even if a person possesses a Post Graduate degree in allied subject then he should have at least Graduation degree in the main advertised subject. Thus, when this is taken into consideration, then petitioner's argument in regard to change of rules of game after the game has begun, is not applicable to the facts and circumstances of the case. When the game began, there was no provision for possessing of Post Graduate degree in allied subject. Thus, when this is taken into consideration, then petitioner's argument in regard to change of rules of game after the game has begun, is not applicable to the facts and circumstances of the case. When the game began, there was no provision for possessing of Post Graduate degree in allied subject. Thus, on the date of beginning of the game, petitioner was disqualified as is evident from the Schedule-III of the Rules of 2018. 12. Petitioner came in the picture only on account of this order clarifying the position on 29.09.2022, wherein persons possessing Post Graduate degree in allied subject were allowed to keep their candidature intact and, therefore, prescribing a condition simultaneously that such persons should at least possess degree in the main subject for which they have applied, cannot be said to be an arbitrary exercise of authority or change of rules after the game has begun. Thus, this judgment of Hon'ble Supreme Court in The State of Uttar Pradesh Vs. Karunesh Kumar and others (supra) is not applicable to the facts and circumstances of the present case. 13. In view of above, petition fails and is dismissed.