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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
Anil Verma, J.
Lakshmi Kant Sharma - Appellant
Vs.
The State Of Madhya Pradesh And Others - Respondent
Writ Petition No. 30467 of 2024
Decided On : 18-10-2024
ORDER :
1. Heard on the point of admission and interim relief.
Petitioner has filed this petition under Article 226 of the Constitution for quashment of the impugned order dated 09.09.2024 (Annexure P/1) passed by the respondent No.4 whereby the representation filed by the petitioner has been rejected.
2. Petitioner's another grievance is that he should be declared as selected candidate for the post so applied by him in the light of the qualification possessed by the petitioner.
3. Learned counsel for respondent/State contended that petitioner is a resident of District Jhalwar, Rajsthan and the impugned order Annexure P/1 has been passed by respondent No.4 who is posted at Bhopal, therefore, this petition falls beyond the territorial jurisdiction of this Court and it is not maintainable.
4. Learned counsel for petitioner opposed the prayer and submitted that although the petitioner is a resident of Rajsthan and impugned order has been passed by respondent No.4, but, the order Annexure P/5 has been passed by Joint Director, Lok Sikshan Sambhag, Gwalior and petitioner's earlier petitioner filed vide W.P. No.24121/2023 has been entertained by the Co-ordinate Bench of this Court vide order dated 26.02.2024. Therefore, the preliminary objection raised regarding territorial jurisdiction raised by the respondent/State is not relevant, so far as admissibility of this petition is concerned.
5. Learned counsel for petitioner has placed reliance on the judgement passed by the Central Administrative Tribunal, Principal Bench New Delhi in the case of Intequam Ali Vs . Government of NCT Delhi and others (OA No. 2514/2022 with OA No.2515/2022) and in the case of Pooja Devi Vs. Govt. of N.C.T.D and others.
6. As per the Madhya Pradesh School Education Services (Teaching Cadre) Service Condition and Recruitment Rules, 2018, advertisement has been issued to fill the vacancy for the post of Madhyamik Shikshak Class-II in different subjects and petitioner also applied for the said post. Schedule- III of the Gazette Notification, Dated 30.07.2018, issued by the Government of Madhya Pradesh, the relevant qualification has been provided for the post of Madhyamik Shikshak, the same is reproduced herein:-
| 2 | Madhyamik Shikshak | 21 years | -do- | 1. Bachelors' Degree in the relevant subject and 2 years 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 Bachelor's Degree in the relevant subject with at least 45% marks and One year Bachelor in Education (B.Ed.) in accordance with the National Council for Teacher Education(Recognition Norms and Procedure) Regulations, issued from time to time in this regard. OR Higher Secondary (or its equivalent) with at least 50% marks and 4 year Bachelors in Elementary Education (B.El. Ed.) OR Higher Secondary (or its equivalent) with at least 50% marks and 4 years Bachelor Degree in the relevant subject ( B.A B.Ed./B.Sc. Ed or B.A. Ed/ B.Sc. Ed.) or Bachelor Degree in the relevant subject with at least 50% marks and One year B.Ed. (Special Education) 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 Disabilities. | 1.Passed Teacher Eligibility Examination with the percentage as prescribed in sub rule-5 of rule 11. 2. The minimu qualification for Madhyamik Shikshak (Sanskrit) of Sanskrit school shall be Shastri Degree in second division in Sanskrit literature/grammer etc. From a recognized Institution/University |
7. From perusal of the rules, it is clear that for the appointment on the post of Madhyamik Shikshak, it is necessary that a candidate should have Bachelor Degree in the relevant subject with at least 50% of marks and one year Diploma in B.Ed.
8. But as per the mark sheet
The court affirmed that a candidate must possess a relevant Bachelor's degree to qualify for the teaching position, dismissing the petition due to lack of eligibility.
Amended eligibility rules cannot be applied retrospectively to disqualify a candidate already appointed under prior criteria.
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Once the learned Single Judge having seen the records had come to the conclusion that the industry was not functioning after January, 1995, there is no justification in entering a different finding w....
Altering recruitment eligibility criteria after process commencement is impermissible; prior qualifications obtained disallow subsequent lower-level qualifications for appointment eligibility.
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