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2014 Supreme(MP) 1428
MADHYA PRADESH HIGH COURT AT GWALIOR BENCH
Sujoy Paul, J.
Rakesh Kumar Sharma - Appellant
Versus
State of M.P. - Respondent
WP.56-2012
Decided On : 14-10-2014
For the Petitioner:S.K.Sharma, Vinod Shrivastava, Advocate.
For the Respondent: Shri Praveen Newaskar, Dy.G.A.
Induction to a statutory post can only be through statutory means, and the decision regarding entitlement for parity and consequential entitlement rests with expert bodies and the government.
Headnote:
Samvida Shala Shikshak Varg-2 - Status Conferment - Induction on statutory post and executive decision
Fact of the Case:
The petitioner sought the status of Samvida Shala Shikshak Varg-2 and all associated privileges, which was opposed by the other side.
Finding of the Court:
The court held that induction to the post of Samvida Shala Shikshak Varg-2 is governed by statutory recruitment rules and is subject to the executive's decision.
Issues: The issue revolved around the conferment of the desired status and privileges to the petitioners.
Ratio Decidendi: The court emphasized that induction to a statutory post can only be through statutory means and that the decision regarding entitlement for parity and consequential entitlement rests with expert bodies and the government.
Final Decision: The petition was not entertained as no enforceable legal right was established, and the petitioners were advised to prefer representation before the government for the relief claimed.
Heard.
The petitioner has prayed for following reliefs in the petition:-
(i) That respondents may kindly be directed to confer the status of Samvida Shala Shikshak Varg-2 to the petitioners and grant them all privileges.
(ii) That, the whole action of the respondents be declared arbitrary and illegal which equating them with Guruji.
(iii) That any other relief which this Hon'ble Court may deem fit, with cost of the petition.
2. It is submitted that Gurujis were made Samvida Shala Shikshak Varg -3 on absorption. Petition being supervisor are on a higher pedestal. Hence, they be given status of Samvida Shala Shikshak Varg-2. Prayer is opposed by the other side.
3. In the opinion of this court, induction on the post of Samvida Shala Shikshak Varg-2. is by way of statutory recruitment rules made under Panchayat Raj Awam Gram Swaraj Adhiniyam, 1993. The petitioners have not challenged those rules. Induction on statutory post can be made only by way of statutory mode. Apart from this, it is for the executive to decide whether the petitioner are entitled for parity and consequential entitlement to occupy the post of Samvida Shala Shikshak Varg-2. It is in the province of expert bodies and the Government.
4. No enforceable legal right is established for which writ of mandamus can be issued for conferring status as desired. It is open to the petitioners to prefer representation before the Government for the relief claimed. In absence of establishing any legal, statutory, fundamental or enforceable right, petition is not entertained.
Petition stands disposed of. No costs.
