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Madhya Pradesh High Court · body

2025 DIGILAW 273 (MP)

Pinky Sharma v. State of M. P.

2025-04-09

SANJAY DWIVEDI

body2025
ORDER 1. The petitioner, by means of this petition filed under Article 226 of the Constitution of India, is seeking quashing of communication dated 9.8.2024 (Annexure-P/1) whereby she has been denied joining on the ground that she does not have the requisite qualification to be appointed as a Middle School Teacher (English). 2. Learned counsel for the petitioner has submitted that despite the petitioner’s selection vide order dated 30.11.2022 (Annexure-P/7) on the post of Middle School Teacher (English), she is not being allowed to join on the said post saying that she does not have the requisite qualification prescribed on the date of advertisement. It is contended that the petitioner fulfills all the requisite qualification and as such, the reason assigned in the impugned communication dated 9.8.2024 (Annexure-P/1) is improper and contrary to law. 3. On the other hand, learned Government Advocate has submitted that on 18.2.2019, an amendment has come in the respective rules known as Madhya Pradesh Tribes and Scheduled Castes Teaching Cadre (Service and Recruitment) rules, 2018, wherein the requisite qualification for the post of Middle School Teacher (English) has been prescribed which reads as under:- S. No. Name of Posts Minimum Age Limit Maximum Age Limit Education Qualification Remarks (1) (2) (3) (4) (5) (6) 2. Madhyamik Shikshak 21 Years -do- Bachelor’s degree in the relevant subject and 2 year diploma in Elementary Education or its equivalent or Bachelor’s degree in the relevant subject with at least 50% marks and one year Bachelor in Education (B.Ed.) or its equivalent with at least 50% marks and 4 year Bachelor in Elementary Education (B.El.Ed.) OR Higher Secondary (or its equivalent) with at least 50% marks and 2 year Diploma in Education (Special Education) OR Graduation and 2 year Diploma in Elementary Education or its equivalent. 2. Relaxation up to 5% in the qualifying marks shall be allowed to the candidates belonging to reserved categories such as Scheduled Castes, Scheduled Tribes, other Backward Classes and persons with disabilites. 1. Passed Teacher Eligibility Examination with the percentage with prescribed in sub-rule (4) of rule 11. 2. The minimum qualification for Madhyamik Shikshak (Sanskrit) of Sanskrit School shall be Shastri Degree in second division. 4. 1. Passed Teacher Eligibility Examination with the percentage with prescribed in sub-rule (4) of rule 11. 2. The minimum qualification for Madhyamik Shikshak (Sanskrit) of Sanskrit School shall be Shastri Degree in second division. 4. Considering the submissions advanced by learned counsel for the parties and on perusal of record especially the petitioner’s mark-sheet of graduation wherein English was one of the subjects and she obtained more than 50% marks, I find that the letter dated 9.8.2024 (Annexure-P/1) not allowing the petitioner to join on the post of Middle School Teacher (English) is improper. In my opinion, the reason assigned in the letter dated 9.8.2024 itself is contrary to the prescribed qualification. Since the petitioner does have prescribed qualification as she cleared graduation with English subject that too with more than 50%, therefore, as per the requisite qualification prescribed by way of amendment made in the rules, 2018, she is fit to be appointed on the post of Middle School Teacher (English). 5. Thus, the impugned communication dated 9.8.2024 (Annexure-P/1) is hereby set aside. Accordingly, the respondents are directed to allow the petitioner to join on the post of Middle School Teacher (English) in pursuance of her result declared on 30.11.2022. In addition, the petitioner shall also be provided seniority from the date when she first submitted her joining with all consequential benefits accordingly. 6. The petition is accordingly allowed and disposed of.