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Madhya Pradesh High Court · body

2023 DIGILAW 586 (MP)

Rajani Bala Vyas v. Secretary State of M. P.

2023-06-12

VIVEK RUSIA

body2023
ORDER 1. The petitioner has filed this present petition being aggrieved by the action of the respondents, by which his name has been excluded from the list of eligible candidates prepared for the appointment to the post of Samvida Shala Shikshak Grade-III. 2. The petitioner possesses the Higher Secondary School Certificate Examination and Diploma in Education. In the year 2011, Madhya Pradesh Professional Examination Board issued an advertisement for conducting the eligibility test for filling the vacancies of Samvida Shala Shikshak Grade-III under the Panchayat and Rural Development Department. Since the petitioner was possessing the requisite qualification, therefore, he applied for the post of Samvida Shala Shikshak Grade-III. The examination was conducted, and the result was declared. 3. Thereafter respondents issued an advertisement on 26.2.2013 for filling up 58,000 posts of Samvida Shala Shikshak Grade-III. The petitioner applied online for the said post and his application was accepted, thereafter he was called for verification of the documents. After verification of the documents, on 22.4.2013, the respondents published the list of eligible candidates on the website of the education department in which the petitioner did not find his name. Thereafter, another list was published in which the candidates who secured less marks than the petitioner were included. The petitioner immediately approached respondent No.2 and from where he got information that on the basis of instructions issued vide circular dated 15.2.2013 by respondent No.1, the petitioner's name has not been included in the select list as he did not possess a minimum of 50% marks in the Higher Secondary Examination. Hence, the petitioner filed this present petition solely on the ground that under the provisions of the Samvida Shala Shikshak (Employment and Condition of Contract) rules, 2005 and Schedule II of the above rule, the minimum qualification for the post of Samvida Shala Shikshak Grade-III is Higher Secondary, therefore, the respondents have wrongly prescribed the minimum qualification i.e. 50% marks in the Higher Secondary Examination by way of office circular. The circular dated 15.2.2013 also prescribed that the candidates who have acquired the D.ed. (Diploma in Education) and B.ed. (Bachelor of Education) diploma/degree from 13.11.2002 to 30.2.2006 shall be eligible to apply for the post of Assistant Grade-II which amounts to amend the statutory rules by issuing an administrative order. 3. Vide order dated 30.4.2013, this Court has directed the respondents to permit the petitioner to participate in the interview/selection process. (Diploma in Education) and B.ed. (Bachelor of Education) diploma/degree from 13.11.2002 to 30.2.2006 shall be eligible to apply for the post of Assistant Grade-II which amounts to amend the statutory rules by issuing an administrative order. 3. Vide order dated 30.4.2013, this Court has directed the respondents to permit the petitioner to participate in the interview/selection process. However, he shall not claim any equity and the petition will be decided on its own merit. 4. This petition is pending since 2013. Till today, return has not been filed to clarify the circular dated 15.2.2013 which was issued contrary to the qualification prescribed in Schedule II of Samvida Shala Shikshak (Employment and Condition of Contract) Rules, 2005. 5. It is correct that for the post of Samvida Shala Shikshak Grade-III, the minimum qualification is the Higher Secondary Certificate Examination or equivalent. As per Note-A/1, any candidate who has obtained minimum marks in the eligibility examination of Samvida Shala Shiksha Grade-III as per sub-rule 5 of rule 6 may apply to the Panchayat for employment as Samvida Shala Shikshak which the petitioner is fulfilling. The disqualifications are provided in Note-B and according to which none of the disqualifications is coming in the way of the petitioner, therefore, the circular dated 15.2.2013 has been issued contrary to the qualification prescribed in the statutory recruitment Rules. Hence, the petition is allowed. The name of the petitioner be considered for the appointment to the post of Samvida Shala Shikshak Grade-III or the equivalent post under the cadre of Teacher after the abolition of the post of Samvida Shala Shikshak Grade-III within the period of 90 days. With the aforesaid direction, this writ petition stands disposed of. Certified Copy as per rules.