The training period cannot be counted as permanent or officiating experience for eligibility for a higher post, as per the relevant rules and regulations.

Hemant Gupta, CJ.

Since common questions of fact and law are involved in the present bunch of cases, they are heard analogously and are being decided by this common order. However, for the sake of convenience, the facts are taken from W.P. No.12787/2018 (Vivek Upadhyay & others vs. State of M.P. and others).

2. The petitioners are the Patwari/Revenue Inspectors desirous of appointment to the post of Naib Tehsildar for which an Advertisement (Annexure P/4) has been issued with the stipulation that the last date for submission of the application form is 18.06.2018 and that examination shall be conducted on 30.06.2018.

3. Earlier, an Advertisement was issued on 06.02.2012 (Annexure R-3 to the return filed in W.P. No.12602/2018) inviting applications for the posts of Patwari (It may be mentioned that the return filed by the respondents State in W.P. No.12602/2018 (Ramji Tiwari & others vs. State of M.P. & others) has been adopted by them in all these cases. The copy of the return was supplied to all the counsel appearing for the petitioners). The condition in the advertisement was that the select list prepared in pursuance to the examination shall be valid for a period of three years and that no salary or honorarium shall be paid for the training period. It was also stipulated that appointment shall be made against the vacant post after completion of the training and passing of the examination. The relevant conditions of the Advertisement, which are in Hindi, on being translated into English, read as under:-

“19. Waiting List:-The select list and waiting list in respect of Patwari Selection Competitive Examination shall be valid for 3 years.

20. Conditions to be complied with during training period:-During training period, no salary/honorarium shall be paid.

21. Conditions of appointment:- The appointment shall be given subject to availability of vacant posts after qualifying the examination and undergoing training. The instructions issued by the State Government from time to time and the provisions of Madhya Pradesh Land Records Manual Part-I, Chapter-1 shall be applicable for appointment to the post of Patwari.”

4. In pursuance of such advertisement dated 06.02.2012, petitioners qualified the written examination. The petitioners were deputed for training on 10.07.2012 (Annexure P/2) for the training starting from 16.07.2012. After completion of training, the petitioners were appointed on 20.09.2013 and 02.07.2014 (Annexure R-4 to the return filed by the State in W.P. No.12602/2018).

5. The petitioners claim that they are eligible for appearing in the limited competitive examination to be conducted for the posts of Naib Tehsildar on 30.06.2018 for the reason that the training is to be counted as a part of officiating service in terms of Madhya Pradesh Junior Administrative Service (Recruitments and Service Conditions of Service) Rules, 2011 (for short “the 2011 Rules”).

6. Learned counsel for the petitioners rely upon an order passed by Delhi High Court in Writ Petition (Civil) No.3129/2011 (Manoj Kumar Singh & Others vs. Food Corporation of India and others) and other connected petitions decided on 13.11.2013 wherein, in terms of Government of India circular dated 08.03.1983 it was held that the training period is required to be taken into consideration for direct recruitment. Learned counsel for the petitioners also relied upon M.P. Land Records Manual published in M.P. Gazette dated 24.05.2018. Such scheme would be applicable in respect of appointment to be made in terms of Madhya Pradesh Land Records and Settlement Class-III, Non-Gazetted (Executive and Technical) Service Recruitment Rules, 2012. The scheme published on 24.05.2018 contemplates that the appointment will start from the date of joining training. It is, thus, contended that training is part of service; therefore, the period spent by the petitioners on training has to be counted for the purpose of eligibility for appearing in the examination for the posts of Naib Te